Refund & service scam
First, I am amazed that there are't more complaints on this sight. Look at BadDeals.com, The Ripoffreport.Com. maybe I shouldn't advertise other sights, but JK Harris seems to be known coast to coast for the same problems with consumers. The one person that I have found on this sight seems to be just an Echo of all the other sights, and I have run into the same problem. JK Harris seems to take your money fast enough, but the same story seems to appear all the time. That is lost files, no service, no customer contact, and refuse to refund your deposit for a plethora of reasons.
Here's my story, (Which is an ongoing soap opera).
1. STATEMENT OF FACTS
2. SMALL CLAIMS NOTICE
3. AD FOR FREE TAX SETTLEMENT ANALYSIS
4. ENGAGEMENT AGREEMENT
4A. DISCLOSURE PACKET
4B. PROCESS DURATION STATEMENT
5. GUARANTE & REFUND POLICY
6. CERTIFIED MAIL RECEIPT
7. COPY of CANCELED CHECK
8. COPY of STOP PAYMENT
9. 1ST CORRESPONDENCE CANCELLATION &
10. RESPONSE from J.K. HARRIS re. FINANCIAL
11. ACCOUNT CLOSURE NOTICE
12. E-MAIL re. REQUEST FOR CANCELLATION,
13. CASE CLOSURE For UNPAID BALANCE
14. LETTER TO ATTORNEY GENERALS OFFICE
15. 2ND CASE TERMINATION NOTICE
16. J.K. HARRRIS RESPONSE TO ATTORNENEY
17. 2ND RESPONSE TO ATTORNEY GENERALS OFFICE,
18. 3RD RESPONSE TO ATTORNEY GENERALS OFFICE,
19. ATTORNEY GENERALS NOTICES TO J.K. HARRRIS
20. TAX SETTLEMENT ANALYSIS
21. CORRESPONDENCE TO WGBH (CHANNEL5)
22. NOTICES SENT BY ATTORNEY GENERALS OFFICE
23. FORM 2848 GIVEN AT FREE TAX SETTLEMENT
24. FORM 2848 ALTERED BY J.K. HARRIS
25. MOTION TO DISMISS - WRONG ADDRESS
25A. CERTIFICATE OF SERVICE
26. ANSWER TO MOTION TO DISMISS
27. JUDGMENT FOR PLAINTIFF
28. CERTIFIED REQUEST FOR PAYMENT
STATEMENT OF FACTS
On August 25th,2002 I contacted the local office of J.K. Harris & Company based on their advertisement in the Salem News for a Free Tax Settlement Analysis, an appointment was made for August 2nd at 11:am.
Upon meeting with their representative, Miss Karen Berry I initially agreed to use their services. At that time I was given a Form 2848 (Pg. 21), and asked to sign and return.
The initial fee was to be $3,000 based on the number of years to settle with the IRS, and negotiation fee. On the original agreement there was an error that they made that they didnt notice. The fee should have been $2,900. ($2,300 + 600 = $2,900) (Pg 4). Upon discussion with my wife and further consideration I decided to cancel the contract based on their contract terms (Pg. 5, para. 5).
The corporate office was called on August 13th to cancel the contract, and to initiate a refund of my funds. I was told to send a letter (Pg. 9) requesting a refund.
J.K. Harris subsequently replied (Page 10), stating that Due to Financial Hardship they would close my case. (Page 10, Para 1). I did not cancel the contract due to financial hardship, (Pg.9), and have not stated in any correspondence that there was any financial hardship. J.K. Harris insists on continuing to misrepresent and construe the facts (Pg.21, 3rd para). Once again referring to my letter of August 19th (Pg9).
After stating that they would close my case due to financial hardship, (Pg. 10, para 1, dated Aug 23, 2002 1). They subsequently sent me another letter, Account Closure due to Non Payment (Pg.11, dated Aug 17, 2002) , and threatened me that they would report me to three credit bureaus.
I subsequently sent them an e-mail on August 30th (Page 12) referencing their letters, and restating that I did not cancel due to financial hardship and pointing out that no where in their contract does it state that I have to give a reason to cancel. I also initiated a call to the arbitration board to try to arbitrate this dispute. I was unable to contact anyone, and left a message to contact me. Subsequently no contact was initiated by the arbitration company.
They subsequently set me another letter stating that they would Terminate my case. (Pg. 15 dated Sept 12) due to me ignoring their attempts to assist me. (Pg 15, para 2 dated 9/12/03). There is an answering machine at my home, and at no time did J.K. Harris try and contact me by leaving a message. This letter is almost three weeks after their initial letter stating my case was terminated.
On September 4th I contacted the Attorney Generals office to solicit help from their Consumer Affairs Division, to recover my funds. After sending out four letters to J.K. Harris Co., J.K. Harris responded by sending back copies of the same letter three times (Pages 16,17,18,dated Oct 3,2002).
The facts stated in that a letter have been misconstrued and dates manipulated;
Para 3, Line 1 Was sent a power of attorney
This was sent with
the altered letter (Page
Para 3, Line 2 Document needed to communicate
with the IRS.
ACCOUNT CLOSURE LETTER
(Page 11, para 3),
States our, (J.K.
Harris), Power of
Attorney submitted to
the relevant tax
authorities will be
I did not submit this
document, so I
question how they
without my signature.
Para 3, Line 4 Mr. Marck told our Customer
Service Representative that
the services were to expensive.
Misstatement of fact,
(Page 12, para 3)
Para 4, Line 3 Was sent a letter detailing why
his refund was denied
This letter is missing, or
it is the:
Account Closure Due to
(Pg 11, dated Aug 27,2002
Case Closure For Unpaid
Retainer Pg 13, dated
Sept 5, 2002)
(Pg 15, dated Sept 12,
Para 5 Line 1 J.K. Harris and Company
This seems to be in
to the letter (Pg 10,
para 1), referring to
and the Account
Closure letter (Pg
11,para 2),and Case
Closure letter (Pg
2), termination of
Para 6, Page2, Line2 Processing and research.
The portion of the
fees that Mr. xxxxx
has paid will be
kept to cover these
No processing or
done on my
behalf, for the
case was closed,
(pg 10, para 1,
Dated Aug 23,
2002), also no
power of attorney
Once again, J.K. Harris persists on misstating the facts, i.e. that they sent me a power of attorney on August 6th. Upon my initial meeting with Karen Barry at the Beverly office of J.K. Harris, I was told that the whole process may take a year, for J.K. Harris to resolve my problem with the I.R.S (Pg. 4B. ). For J.K. Harris to have sent me a power of attorney as referenced in their letter (Pg 24, dated Aug 13th), where J.K. Harris altered the date, August 13th, which is coincidentally the date I first contacted J.K. Harris to cancel the contract. The following would have had to occur: August 2, 2002, Friday 11:00 am Initial appointment, after the appointment to send out my paper work in an overnight envelope to arrive by Monday August 5th. Receive and process my paper work, then send out again. All this was said to have occurred in 24 hours. (Pgs 16,17,18, para3, line 1).
Unless I was their only account they had to process in that time period, I find this hard to believe, and question why the letter is altered to August 13th, if it was sent out on the 6th.(pg 24)
If they did send me a power of attorney as previously stated, why did Karen Berry continue to call both our home and my wifes office to have us return the Form 2848 (Pg 12, para 6, dated Aug 30, 2002. Also that they Understand that clients may experience financial hardship, (Pgs 16, 17, 18, para 5 pg 1). Also the fact that the portion of the retainer was returned due to Non-sufficient funds, (Pgs 16,17, 18, para 1, pg 2).
After much correspondence with J.K. Harris Co. through the Attorney Generals office, the Attorney Generals Office informed me that they are only an arbitrator and have no authority to seek legal action against J.K. Harris.
I had also initially contacted the Consumer Affairs department at WCVB (Channel 5), in hopes that they could help (Pg 21, dated Sept 9,2002), and again in December of 2002. They consumer affairs department must have contacted J.K. Harris for they subsequently placed an advertisement that aired in February of 2003 at about 4 am. WCVB now had a conflict of interest and could no longer assist me.
J.K. Harris has left me with no recourse that than to seek a legal remedy through the court.
A representative from J.K. Harris, Monica Linder, Director of legal Affairs, recently contacted me (February 2004), to inform me that they have filed a motion for dismissal, based on the fact that they do not recognize the courts jurisdiction, and that it must go to arbitration.
In answer to J.K. Harris MOTION TO DISMISS, I must reintegrate that J.K. Harris gave up its right to binding arbitration, and does recognize the jurisdiction of the Massachusetts Courts, in its correspondence to the Massachusetts Attorney Generals Office of Consumer Affairs on three separate occasion where J.K. Harris responded with the same letter on three separate dates:
Received by the Attorney Generals Office October 7, 2002 Reference Page 16
Received by the Attorney Generals Office November 4, 2002 Reference Page 17
Received by the Attorney Generals Office November 18, 2002 Reference Page 18
So that there can be no misunderstanding, J.K. Harris clearly states in the first paragraph, second line: Please understand that while we are willing to comply in what ever way you, (Revere Office of Consumer Affairs), deem necessary, the Confidentiality Clause in our contract prohibits us from disclosing certain information involved in this case.
The first I have seen of this document was on March 9, 2004 at the hearing. Although J.H. Harris signed a certificate of service, they sent it to 520 Broad Street. The highest the numbers go on Broad Street is 58.
The following is the latest correspondace form Monica Linder, Director of the Problem Resolution Office, Legal Affairs. The only reason I have been able to get this dialog was to telling everyone on a websight to be noce to her, for she is brain dead, and that she will say anything old JK tells her to. Also that she almost died from a transplant two years ago, the A H rejected her. SInce that time, she has become very vociferous and sensative. Like shes sensative to consumer problems. What I put on the web sight, was probable the closest shes ever come to someone defending her actions.
Anyway, read on, for this is a continuing soap opera.
I consider your remarks libelous and defammatory, not to juvenile. I certainly hope that you can support your allegations. I certainly intend
to make you.
M. Linder, Director
Problem Resolution Office
Legal Affairs Office
JK Harris and Company, LLC
This transmission is intended for the sole use of the individual and entity to whom it is addressed and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or duplication of this transmission by anyone other than the
intended addressee, or their designated agent, is strictly prohibited. If you have received this correspondence in error, please notify our office by calling our toll-free telephone number, 1-888-610-8293.
From: Oldnesailor@aol.com [SMTP:Oldnesailor@aol.com]
Sent: Wednesday, April 07, 2004 6:25 PM
Subject: Resolution of problems
You are so full of bull xxxx the EPA should investate you. If brains were gunpowder, you couldn't blow your nose. Of course that is if JK gave his approval.
From: Monica Linder
I was not speaking for anyone but myself, since your comments were made directly to me and apparently about me. How would I know about any
conversations we might have had or which court and what date.....you have not put your name on any of your emails, so how would I be able to identify you? If you are so convinced of your righteousness, why not sign your
M. Linder, Director
Problem Resolution Office
Legal Affairs Office
JK Harris and Company, LLC
Response From Oldnesailor to Monica
Are you really that dumb? I recently received a certified letter back from your company advising you of the sum owed, the correct address, and the date of the hearing are in the Findings for The Plaintiff you received from the court itself. Also you have all the information at your fingertips, or did you lose them along with every one elses.
Also did you forget our conversation in February where you advised me of the "Motion To Dismiss", and I told your I would see you in court. Well you have another opportunity to appear in court, April 13, at 9 o'clock. This is a collection hearing, as to why the defendant hasn't paid. This is where I ask to court to subpoena JK Harris & Company's financial records to show cause for not paying, and ask for treble damages, and while I'm at the court house, I might as well file papers Under the Fair Dept and Collection Practices Act, of which I intend to show that you are in violation.
And please advised, I am not bound by a confidentiality clause that you have so kindly quoted to the Attorney Generals office on three occasions, so I "WILL POST", every conversation we have on every web page I can find.
Have a great day, look forward to meeting you in court.
The next court date is April 13,2004 where I will ask for their financial records to show why they haven't paid me. I know they will love to have me looking at those, and I have a few other items I am sure they will enjoy when they receive them form the court.
You to can have this much fun with them. Just start out in small claims court in your state. If they don't attend, they automatically default, which opens up a whole new world of options to you.