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  • Report:  #1428033

Complaint Review: Barba Public Adjusters

Barba Public Adjusters Armando Barba Janette Pacheco aka Janette Vidal Requested and cashed a posted dated check for 20% of our agreed settlement claim without our family having the funds from the Homeowner's Insurance Policy Carrier in order to repair our home after Hurrican Irma Miami Florida

  • Reported By:
    Bmiafl — Miami Florida United States
  • Submitted:
    Thu, February 08, 2018
  • Updated:
    Thu, February 08, 2018

02-08-2018 I am writing to put in motion a formal complaint against the business organization, Barba Public Adjusters. To be more specific I wish to express my disappointment in the business practices and customer services of both Ms. Janette Pacheco and Mr. Armando Barba. On September 11th 2017, in the aftermath of Hurricane Irma, I began to work with Janette, who initially was very helpful and processed my claim. I found it note worthy that she even came to visit me and update me on weekend afternoons, especially the day that she personally came and waited for well over a half hour at 4:30PM at my home for me to arrive at 5:00PM to receive the check for the claim on a weekend day, specifically Sunday, January 22nd . It was at that time that she persisted to ask me for a post-dated check. This was an accommodation I complied with given that I was going out of town on vacation and wouldn’t return until mid-week the following week. She did not want to wait for me to return, and so we agreed to me depositing the insurance settlement check, which was the check she gave me, and I proceeded to endorse and deposit the check the same day as per her instructions, and I postdated a check for Barba Public Adjusters for the 31st. This post-dated check was in the amount of 20% (and or $1387.53) of the proceeds from the insurance settlement claim as per our agreement for completed services rendered on completing the insurance claim process. Much to my surprise, I was informed by the bank the following week that the check was returned as I come to find out that the manner in which I was instructed to process the check was not compliant with standard operating procedure when it comes to processing the check for an insurance settlement claim. I then proceeded to call, leave a voice mail and text Janette that the check was returned, specifically on the 31st of January, to which I have proof that she acknowledged receipt of my communication when she replied "why?” (I have several time stamped text messages to confirm our conversation.) I then explained that I have not received the settlement compensation and in turn communicated that the claim process was not complete. Never the less, the Adjuster company proceeded to process and deposit my personal check promptly on the 31st, and since the insurance check was not processed, because the adjusters circumvented standard procedure for this process, which as it was explained to me by a manager at Chase Bank, would have entailed, the Public Adjuster company processing the check (and instead of giving me the check to deposit) providing detailed documentation along with a settlement check from the insurance company’s business account, reflecting the proceeds minus their 20% (in other words they were supposed to take the 20% out of the funds they received from successfully completing the process and taking their compensation from the settlement amount they successfully received from the insurance company.) instead of taking my personal funds in advance and depositing the check despite my clear communication that the check was not able to be processed. As a result, while on vacation I was put in a precarious position where all of a sudden, my account was in the negative to the sum of nearly $2000.00 after they received their $1387.53 plus the number of over draft fees that ensued as a result of my auto debited accounts that proceeded to collect on the payments despite my account being in the negative. Furthermore, there were other creditors who were denied payment as my bank stopped covering my overages due to the extent I was over drawn. I successfully make on time every time for decades without failure. To add injury to insult, I own and operate a credit consulting firm, and now for the 1st time EVER, find myself incurring a 30 day lates on my credit on multiple accounts and tarnishing an otherwise immaculate credit history as a result of their negligence. I then informed them promptly the day of, to which their delayed response then and has continued to be, we processed the check as we agreed upon for completing services rendered. And that they would not issue a refund, while acknowledging that the process is not done and accepting compensation for an incomplete job. As it stands, the claim is ongoing, as Chase has communicated that they cannot accept an insurance settlement check for a claim without detailed documentation from the adjuster along with a check from the insurance carrier’s account to explain and justify the reason and nature of the check. I have since then called and spoken to them several times, to which now, all of sudden, they will not address me over the weekend, because all of a sudden (when there is no money to collect) they do not work on the weekends, and more interestingly, cannot return the funds because the "funds have already been disbursed”. This is a terrible injustice. They failed to do their job efficiently and properly, took advantage of my trust and took a posted dated check that I should have never been asked to issue, and deposited despite my successful communication that the check was not acceptable and the process was not done and that further assistance was required the day of them depositing my personal check. I question the true professionalism of the outfit when they didn’t follow industry standard protocol for processing the check from the insurance company and failed to go to my bank and submit the necessary documentation along with the proper check and the necessary endorsements of themselves, myself and a bank official from Chase, from the proper account with the proper amount, which would have been the difference after they successfully withdrew the funds they rightfully deserved upon ACTUAL successful completion of their due diligence and complete follow thru on what their services are supposed to entail, which to my understanding is to successfully get their client the appropriate funds received for damages suffered from a natural disaster, as if that wasn’t bad enough, now I have to suffer the damages of a tarnished credit history, insufficient funds and added fees as a result of following the instructions of whom I thought was a business professional who was a subject matter expert in the matters of processing the insurance claim of a trusting customer such as myself. I will add that the damages at home have yet to begin and I still have not been able to turn the page on this ordeal, while they have already successfully "disbursed” the funds for an incomplete job and have failed to process my settlement check from the insurance carrier accordingly. If there is anything you can do to ensure that they are audited, reprimanded, educated and given the opportunity to provide restitution if any way, it would be greatly appreciate. I humbly beseech that this letter falls on the ears of and understanding and empathic individual who can appreciate that at the end of the day, I am a single mother who is at a loss from a loss due to the dereliction of duty from an irresponsible business entity who I fear may employ these distasteful practices again in the future against an unsuspecting consumer such as myself. I thank you in advance for your timely support and assistance with this matter. Also, Barba Public Adjusters is NOT a business entity registered on www.sunbiz.org

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