Year Round Heating & Air Conditioning Company

In response to the complaint received:
Ms*** did purchase a Bedroom, Living Room, and Dining
Set through *** *** *** on July 1st, (copy of contract
attached)The financing terms are clearly outlined, and Ms*** did have a
Days Same as Cash Option, which expired
on 9-29-Ms*** did not take
advantage of the Same as Cash Option per the terms of the contract, but is
still entitled to an interest rebate as she states, which is also clearly outlined under the “Prepayment”
portion of her Retail Installment Contract
At this point, the balance outstanding is $1,246.63, and Ms
*** is entitled to an interest rebate/discount on the balance outstanding,
based on the Rule of 78thsSo long as the amount of $(plus the $acquisition
fee) is paid by 12-31-14, Ms*** will be entitled to a rebate of $Ms
*** would benefit from reviewing the repayment terms outlined in the contract
which I’ve attached, and I urge her to contact our office toll-free at
###-###-#### to make the necessary arrangements to take advantage of her early
payoff and maximize the amount of the interest rebate she is afforded in the
contract terms
Sincerely
*** ***
Manager
Monterey Financial Services Inc

*** *** financed repairs done on his vehicle on 10/18/through *** ***The account for the amount financed was placed with Monterey Financial to act as a 3rd party servicer for the term of the contract*** *** contacted our office on 11/19/14, responding to the letter he received in
the mail*** *** authorized Monterey Financial to debit his checking account on 11/& 12/for his regular monthly payment of $33.20, and authorized the remainder of his early payoff amount of $to be paid 01/10/in order to satisfy the Early Payoff Option, offered in the contractContrary to *** ***’s claim, *** *** did originally request for Monterey to take the final payment on 01/16/15, but then informed the representative that he gets paid on 01/09/15, and authorized the final payment amount to be drafted on 01/10/
The Monterey representative specifically explained to ** *** that no further action was needed on his part, and that the scheduled payments would be drafted on the authorized dates, and his account would automatically close as paid, as long as all of the payments cleared his account*** *** questioned the representative if we can take the 12/payment out earlier on 12/The representative explained that there would be a $processing fee to process the payment early, where *** *** informed the representative he was ok with us debiting the $on 12/
*** *** called our office on 01/09/and submitted a payment through our automated phone system for the amount of $on his bank card, even though he previously authorized a payment to be drafted on 1-10-in his conversation with the Monterey representative on 11/19/*** *** subsequently called Monterey on 01/13/questioning why we attempted to debit an additional paymentThe Monterey representative he spoke with explained that he had authorized a payment to be drafted on 1-10-15, and had additionally set up a payment via the automated phone system (despite being instructed on 11-19-that no further action was needed)
Despite the fact that *** *** did not heed the instruction of the Monterey representative he spoke with on 11-19-14, and made an additional payment on his own accord, Monterey is willing to waive the $NSF fee incurred, and will refund it back to his account
Sincerely,
*** ***
Loan Servicing Supervisor

In response to the complaint received:
*** *** did contact Monterey Financial on 10-6-to make her final payment towards her Same as Cash Option in the contract with *** ***Despite the fact that the Same as Cash Option of *** *** contract stipulates the expiration of the
Same as Cash to be 10-5-14, Monterey is willing to honor the Same as cash so long as the final payment she outlines is paid by 10-17-
Sincereley,
*** ***
Manager
Monterey Loan Servicing

As previously stated,
***s *** placed an account for *** *** as the
responsible party for *** with Monterey Loan Servicing. Unfortunately *** *** defaulted on
the loan and the defaulted balance was placed with Monterey Collections. We have attempted to locate *** ***,
however we have been unsuccessful as we were told by *** *** that he
has relocated outside of the United States.
We have not tried to collect from *** ***, we have simply told
her that the only way we can release the hold on supplies is that the remaining
balance must be paid. We gave her
several suggestions, to which she refused.
On several different occasions she told us she would obtain the pump
elsewhere
There is a defaulted
balance open and we cannot report the account to *** as paid in full to
release the supplies until such time the balance is zero. I have suggested to *** *** to try
to track down *** *** to collect the funds from him to pay the balance,
however she stated she has not had any contact with him. While it is unfortunate the *** ***
skipped out on paying his debt and it is impacting ***, there is nothing we
can do until the $balance is paid to be able to report a permanent
release to ***. If *** *** cannot afford to pay this amount, I am unclear as to how she will
be able to pay for a new pump. I suggest
that *** *** try another company to obtain a pump for her son as she
indicated she would
Sincerely,
*** ** ***
Collections Manager

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

On 7/14/14, *** ***l placed a defaulted balance with
Monterey Collections for *** *** for a purchase of an *** ***l. We mailed *** *** the appropriate initial
dunning notice on 7/16/14. We made
multiple attempts to contact *** *** that were unsuccessful. On 3/9/15, *** *** emailed Monterey Financial
concerning his account placed in our Finance department who then referred him
to the Collections department and provided him with the correct account
number. On 3/11/15, *** *** called our
office and immediately demanded a settlement on his balance. The rep answered the phone with a good tone
and informed *** *** she needed to place him on hold briefly to access his
file. When she came back on the line,
she followed proper procedure by trying to verify the debtor’s contact
information. *** *** became agitated and refused to
verify his address and phone. He used
inappropriate language, threatened to not pay and started to berate the
rep. The rep tried to speak and explain
why she needed the information; however *** *** refused to listen and
continued to talk over the rep. The rep
became frustrated and told *** *** to call back with a better attitude at
which point *** *** demanded to speak with the supervisor in a rude manner
and told the rep to “hurry up”.
The call was transferred to the floor supervisor who
answered the phone with a pleasant tone and tried to explain the details of the
account placement. *** *** refused to listen and cutoff the
supervisor. He stated he was upset at
the prior rep and wanted a settlement offer and interrupted the supervisor when
she tried to address his concerns. He
then began ranting about being interrupted and trying to dictate how to handle
his call. He began making derogatory
comments about “acting stupid” and filing a complaint with the Revdex.com. The supervisor tried to calm him down and
explain our A+ rating. The supervisor
then said “let’s start all over” and tried to address his concerns. He demanded a settlement offer and when the
supervisor quoted the amount to pay in full the balance, *** *** refused to
listen and hung up on the supervisor before the rep could explain that we do
not have the ability to offer a settlement on this client.
There are always two sides to every story, however all calls are recorded at Monterey for training purposes and we take customer service serious. *** *** refused to listen and was abusive
to the reps he spoke with. Neither rep
was rude with *** ***. They both tried
to explain the account status, however *** *** became upset when he did not
get a settlement offer. The account will
continue to report to the credit bureaus as a disputed collection account. As of today, the payoff with all fees is
$and I strongly encourage *** *** to contact our office to resolve the
defaulted balance with *** ***l
Sincerely,
*** ** ***
Collections Manager

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Regards,*** ***
I did not electronically sign anything. They state an ip addess of E-SIGN (- Sat Mar 00:00:PDT 2012*** - 03/24/14:31:11] ). This is NOT my ip address. My ip address is ***. *** look at the hour difference in timeI asked numerous times for them to provide proof of signature, initials or anything showing I actually signed something and they cannot prrovide anything.*** *** did not render services. They were suppose to provide months of mentoring and help set up a business. I received exactly voice mails. I did not even speak to anyone. I asked a laywer and he said that a voicemail is not services provided as I did not speak to anyone.I tried to tell Monterey this and they would not listen.I also tried to contact Pemier Mentoing and have them cancel anything and got no response.TWO MONTHS later, Monterey started taking money out of an account. I had to close the account to get them to stop taking money for something that I only filled out an application for and did not signany contract for and had also not gotten any service for.They have listed on this application that I work at *** which I did not, I was on Disability and was paid by *** ***, They have my cell phone on this application, which I did not have in and just gave them that number weeks ago when I tried to talk to them again., so they modified a document to fit their needsThey have my monthly income as which I have never had as a monthly income.I did NOT sign anything and never received any mentoring.On the advise of someone else, I offered them to settle everything.......until the lawyer told ne that I should not settle because no services wee rendered, they have information, and modified a document and cannot show prroof of me signing anythingALSO please note online them scam reports against this company for exactly what they are doing to me. There are tons of complaints against Montery and ***.I honestly did not sign anything, I was and still am on permanent disability and could not then or anything ever afford this. I did not sign a contract and did not received services

*** *** entered into an agreement with *** *** on 01/24/for the financing of a sound bar system as outlined in her complaintThe total cost of this product was $*** *** paid $towards her balance then financed the remaining $Her account was placed with Monterey
Financial on 11/20/to act as a 3rd party servicer for the remainder of the balance.
The contract *** *** entered into was a revolving credit agreement with a limit of up to $3000.00, which I have attached for your reviewShe does not currently owe the $3000.00, but has the ability to make purchases up to that amount with *** ***
*** ***’s first payment was due on 12/05/for the amount of $which has not been receivedSince there has been no payment received she has assessed a $late fees every month that her account is not paidShe currently is due for the balance in full for $that must be paid to prevent any further negative credit reporting
Monterey Financial is willing to remove the negative credit reporting if the balance mentioned above is paid by 04/13/
Should *** *** have any further questions she may contact me directly at ***
Sincerely,
*** ***
Loan Servicing Manager

In response to the complaint received:
[redacted]'s account was credited the $163 on 3-3-15, and all accrued late fees were waived (see attached transaction history). [redacted] likely viewed our website prior to the credit being updated on the Monterey website. Her next scheduled payment id due on 3-10-15.
 
Regards,
 
[redacted]Finance Manager
Monterey Financial%3

Revdex.com:
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,
[redacted]

On March 24, 2012 [redacted] electronically signed a
contract with [redacted] per the attached.  The account was placed with Monterey
Financial for loan servicing with the first payment due on 5/01/12 (Monterey
Financial does not own the account). [redacted]...

[redacted] paid her monthly payments via ACH on time for the first
four payments, and then the 9/1/12 ACH payment was returned as account
closed.   We made multiple attempts via
phone, email and mail to contact [redacted] concerning the missing
payment.  Finally on 11/5/12 we spoke
with her and she stated she forgot to call and update us with her new debit
card as she changed banks.  She paid the
past due amount and resumed automatic billing from her debit card. On 2/20/13 her payment came back declined and
we began calling her concerning her past due amount.  We did not have contact with her prior to
attempting to draft her 3/20/13 payment which also declined.   [redacted] finally responded to Monterey
Financial via email stating that she was having financial hardship and could
only afford to pay $100 per month on the 18th of each month.   We offered to assist her by allowing her to
pay the reduced amount for 6 consecutive months and then resume her regular
scheduled amount of $127.31 thereafter. The payments went through until the 11/20/13 payment which was
declined.    We made multiple attempts to
contact [redacted] until she finally answered our call on 1/14/14.    She claimed she was still having financial
hardship as her unemployment income was reduced.  She stated she could not afford more than
$100 per month and hung up on the rep.  
On 2/27/14, we received an email from [redacted] now claiming that
[redacted] did not fulfill their portion of the contract.   She claimed she received 2 phone calls from someone
who supposedly did not help her and she feels she should not have to pay
anymore.    We continued to try to
contact her to get specific details of what she was not satisfied with as this
was the first time in two years that she claimed service issues. 
 
The defaulted balance was placed with Monterey
Collections on 4/18/14.   We made
multiple attempts to contact [redacted] to which our calls were not returned
until 2/9/15.   She claimed she was on
disability and could only afford $900.00 as a non-use settlement.   We informed her that the balance in full was
due and she requested a copy of the contract. 
We sent her a copy of the e-signed contract and explained that she is
legally responsible for the debt as it is a legally acceptable authorization
according to the Electronic Signatures in Global and National Commerce Act
enacted by Congress in June 30, 2000.   We explained to her that the contract was
completed by her online and that she acknowledged multiple times in the past
that she was aware of the debt and that it was hers.   She is
using buyer’s remorse as an excuse for nonpayment.  Furthermore the attached contract has not
been altered as [redacted] claims.  The
document is a pdf version of the online loan application and there is no cell
phone number even listed on the application. 
The IP address listed does reference a computer in the [redacted] area; however this does not mean that [redacted] did not complete
the information and she even acknowledged in the past she was responsible for
the debt.   [redacted] has not paid any money on the
collections account and all payments made prior on the loan servicing account
were sent to [redacted] as Monterey did not and does not own the
account. 
 
The account will continue to report as a disputed
collection account as buyer’s remorse is not a valid reason to get out of a
contract.  I strongly urge [redacted] to
contact our office to set up arrangements to cure the defaulted balance.    Should you have any further questions,
please feel free to contact me.
 
Sincerely,
 
[redacted]
Collections Manager

As previously stated, all
calls are recorded for training purposes and I have reviewed the 3/11/15 call
with [redacted] where he was not only sarcastic but rude.    The first rep he spoke with became frustrated
and told [redacted] to call back with a better attitude which was unacceptable
and has been addressed.  When he spoke
with the Supervisor she was not sarcastic at all, especially when he began
making derogatory comments about “acting stupid” and filing a complaint with
the Revdex.com.  The Supervisor tried to calm
him down and explained our A+ rating with the Revdex.com in a non-sarcastic tone.  [redacted] was so busy trying to speak over the
Supervisor that he interpreted her comments incorrectly.    The
supervisor then even said “let’s start all over” and tried to address his
concerns.  He continued to demand a
settlement offer and when the supervisor quoted the amount to pay in full the
balance, [redacted] refused to listen and hung up on the supervisor before the
rep could explain the situation fully.   
[redacted] authorized Monterey Financial to use his email for contact
when he signed the Student Credit application on 8/21/14 for Monterey Financial
to provide the financing for his Roadmaster Drivers school account as Monterey
Collections is part of Monterey Financial. 
  
Harassment is defined as the
act or an instance of harassing,
or disturbing, pestering, or troubling repeatedly.  There
was no repeated troubling of [redacted] for this to be considered
harassment.  [redacted] refused to listen
and as both reps tried to explain the account status, becoming upset when he
did not get a settlement offer.  As a
courtesy, we have removed [redacted]’ email address from the account and will
not be contacting him any further using his email address.  To resolve the dispute, I am willing to
remove the credit reporting on his account if he calls in to resolve the payoff
balance of $163.96 with all fees by 4/15/15. Otherwise the account will
continue to report to the credit bureaus as a disputed collection account.  I strongly encourage [redacted] to contact our
office to resolve the defaulted balance with [redacted].
 
Sincerely,
[redacted]
Collections Manager

Revdex.com:
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.
Regards,
[redacted]
The telephone number called numerous times was 928-961-6535. I'm sure Verizon has records of the many calls made to this phone. During those calls I was accused of being a [redacted] and attempting to avoid collections. When I called to let them know they had the wrong number, the individual responding was rude and insistent I had PRETENDED TO BE [redacted]. This is insane.

Dr. [redacted],Thank you for providing me with the correct phone number to be able to locate the call recordings of your conversations.  I was able to determine the account which your phone number was associated with and confirmed the number was deleted on 11/6/14 and you will not receive any further calls from us.  I appreciate you bringing this matter to my attention as we value customer service as is indicated by our A+ rating with the Revdex.com.  I formally apologize if you feel you were rudely treated by one of our reps and will be addressing these calls with additional training.  Again please be assured your phone number was removed from our database and you should not hear from us again.Sincerely, [redacted]Collections Manager

On 12/27/13 [redacted] entered into an agreement with [redacted] for the financing of her daughter’s insulin pump. Her account was placed with Monterey Financial Services on 01/09/14 to act as a 3rd party servicer for the remainder of the balance.
On March 29, 2014 at 1:09pm PST [redacted]...

[redacted] logged into the Monterey Financial website using her unique user ID and password and signed up for the debt protection program. I have attached a copy of the debt protection program contract for reference. As outlined in the attached contract the monthly payment amount was increase by $3.72 to cover the amount of the fee for the debt protection program. 
Over the last year [redacted] visited Monterey Financials website and spoken with representatives on several different occasions. At no time did she voice any concerns that she had about the debt protection program or the extra $3.72 being charged.  A review of our phone records and call recordings show no messages left for our office by [redacted] over the last several months. Had a message been left an immediate return call would have been placed to her. Monterey Financial has no record of any  letter that was included  with her last payment.
Despite the fact that she voluntarily signed up for this program and has had coverage outlined in the attached since March 29th, Monterey Financial will credit the $40.92 that she has paid towards the program to the remaining balance owed.
I apologize [redacted] felt the representative she spoke to was rude or unprofessional. I will review the call recording [redacted] had with our office and address any and all training issues from the call.
Should [redacted] have any further questions she may contact me directly at [redacted].
 
Sincerely,
[redacted]
Loan Servicing Manager

In response to the rejection received:
As stated in the original response to [redacted]'s complaint, [redacted] would benefit from reviewing the "Prepayment" clause of the contract that she voluntarily entered into with [redacted] (again attached). This section clearly outlines the "sum of digits" method (otherwise known as the "Rule of 78ths" for the yearly interest calculation.  The name comes from the total number of months' interest that is being calculated in a year (the first month is 1 month's interest, whereas the second month contains 2 months' interest, etc.). For a 12 month loan, 12/78s of the finance charge (outlined in the contract) is assessed as the first month’s portion of the finance charge, 11/78s of the finance charge is assessed as the second month’s portion of the finance charge and so on until the 12th month at which time 1/78s of the finance charge is assessed as that month’s portion of the finance.
As previously pointed out, [redacted] is still able to pay off her account early and earn an interest rebate according to the sum-of-digits method outlined in her contract, since she did not fulfil the terms of the Same as Cash Option. She is eilgible to pay off her account in the amount of $728.81 if paid by 10-27-14. I urge her to contact our office toll-free at [redacted] to make the necessary arrangements.
 
Regards,
[redacted]
Manager
Monterey Loan Servicing

Revdex.com:
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 still do not understand how they can compound interest on a yearly basis and not a monthly basis leaving this outstanding amount so much. I will be contacting my lawyer [redacted] to help me with this matter
Regards,
[redacted]

In Response to the complaint received:
[redacted] did purchase an insulin pump from [redacted]
[redacted] on 1-28-14. [redacted] assigned the account to Monterey
Financial Services Inc. on 3-3-14 to act as the third party loan servicing
agent for the term of the loan. The only...

service fees that have been applied to
[redacted]’s account since the inception of the loan, are the $6 monthly service
fees, which are outlined in his agreement with [redacted].
Since the account was placed with Monterey, we have received
notification from [redacted] of the rebates [redacted] mentions. We were notified
of a $500 credit on 4-5-14, and a $175 payment made directly to [redacted]
[redacted] on 6-20-14, and a $75 credit on 8-15-14. All credits were applied to
[redacted] account immediately upon notification from [redacted]. None of these
credits were assessed any additional fees.
The payment application of [redacted] account does apply any
excess payment toward future service fees. All future paid service fees been
adjusted towards [redacted] balance at this point, and he currently has a
balance of $118.42 to pay the account in full, if paid this month. Per Mr.
[redacted]’s contract, he will be responsible for any additional monthly service
fees for any future month, where a balance remains. It should also be pointed
out, that this contract bears no interest, and at no point in time has a
representative of Monterey informed [redacted] that any interest was deferred. Mr.
[redacted] may reach the department supervisor, [redacted] to discuss further.
Sincerely,
[redacted]
Manager
Monterey Loan Servicing

As stated in our first response to the complaint made against Monterey Financial. These terms were outlined in the contract that [redacted] voluntarily signed.  [redacted] was made aware on multiple different occasions of what the terms of the contract were and there could not be any return payments allowed for Monterey Financial to honor the 90 day early payoff option. These terms were outlined in the 90 DAY EARLY PAYOFF OPTION section of her contract.
Monterey Financial is not requesting the amount of $1941.00 to be paid as she is claiming in her response. She still has the option to pay her contract early at a discounted rate if she chooses to. The amount that would be required to be paid would be $984.43 which must be paid no later than 02/27/15, prior to the next month’s interest accrual.
[redacted]’s claim that she called our office on 01/27/15 is inaccurate as we did not receive a call until 01/28/15 later in the afternoon. This was 2 days after the payment was already processed and the Early payoff option expired on 01/26/15.
I urge [redacted] to contact me directly to further discuss this so we can come up with an arrangement to have her contract paid in full so there is no additional interest charged to her, [redacted]
Sincerely,
Loan Servicing Manager
[redacted]

In response to your question...We purchased the timeshare originally from [redacted] while vacationing in Mazatlán. We came back to the states and a road show representative of [redacted], met with us in [redacted] and we purchased the upgrade. When...

we originally purchased the timeshare the loan was serviced through [redacted]. Then when we did the upgrade, [redacted] moved the contract to Monterey Servicing. They are only servicing the loan. [redacted] believes it should be paid off. Thank you.