JK HARRIS & COMPANY REFUSAL TO RETURN DEPOSIT & FALSE STATEMENTS. Rip-off! CHARLESTON South Carolina
INDEX
1. STATEMENT OF FACTS
2. SMALL CLAIMS NOTICE
3. AD FOR FREE TAX SETTLEMENT ANALYSIS
4. ENGAGEMENT AGREEMENT
4A. DISCLOSURE PACKET
5. GUARANTE & REFUND POLICY
6. CERTIFIED MAIL RECEIPT
7. COPY of CANCELED CHECK
8. COPY of STOP PAYMENT
9. 1ST CORRESPONDANCE CANCELLATION & DEPOSIT RETURN
10. RESPONSE from J.K. HARRIS re. FINANCIAL HARDSHIP
11. ACCOUNT CLOSURE NOTICE
12. E-MAIL re. REQUEST FOR CANCELLATION, ACCOUNT CLOSURE
13. CASE CLOSURE For UNPAID BALANCE
14. LETTER TO ATTORNEY GENERALS OFFICE
15. 2ND CASE TERMINATION NOTICE
16. J.K. HARRRIS RESPONSE TO ATTORNENEY GENERALS OFFICE
17. 2ND RESPONSE TO ATTORNEY GENERALS OFFICE, SAME LETTER
18. 3RD RESPONSE TO ATTORNEY GENERALS OFFICE, SAME LETTER
19. ATTORNEY GENERALS NOTICES TO J.K. HARRRIS
20. TAX SETTLEMENT ANALYSIS
21. CORRESPONDANCE TO WGBH (CHANNEL5) CONSUMER AFFAIRS
22. NOTICES SENT BY ATTORNEY GENERALS OFFICE
23. FORM 2848 GIVEN AT FREE TAX SETTLEMENT ANALYSIS
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 didn't 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 and 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 in "altered letter (Page 24)
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 revoked. I did not submit this document, so I question how they submitted this without my signature.
Para 3, Line 4 Mr. xxxxx 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 Non-Payment (Pg 11, dated Aug 27,2002 Case Closure For Unpaid Retainer (Pg 13, dated Sept 5, 2002) Case Termination (Pg 15, dated Sept 12, 2002)
Para 5 Line 1 J.K. Harris and Company understands financial hardship. This seems to be in total contradiction to the letter (Pg 10,para 1), referring to delinquency charges, and the Account Closure letter (Pg
11, para 2), and Case Closure letter (Pg 13, para 1, line 2), termination of contractual relationship.
Para 6, Page2, Line 2 Processing and research. The portion of the fees that Mr. xxxxx has paid will be kept to cover these expenses.
No processing or research was done on my behalf, for the case was closed, (Pg 10, para 1, Dated Aug 23, 2002), also no power of attorney was given.
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.. 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 my paper work and process it, 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 wife's' 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 it's 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, November 4, and November 18, 2002.
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.
Sorry this is so windy, I took them to small claims court and won, collecting is another matter. They will probable not show up for the payment hearing, and I plan to file for treble damages under the Consumer Protection Laws. Also getting ready to file under the Fair Debt & Collection Prctices. This is going to cost them alot more than it will cost me.
Peter
salem, Massachusetts
U.S.A.
9 Updates & Rebuttals
Peter
salem,Massachusetts,
U.S.A.
STILL GOING
#10Author of original report
Tue, December 29, 2009
To everyone out there that has been screwed by JK Harris and Monica Linder, her it is 5 years later, and they are still running this scam. JK harris has had at least 6 class action suits brought against them by various AG's offices, and they still continue to swindle people out of their money. They make Bernie Madoff look like an angel, at least he isn't perpetuating the scam.
Read my suggestion of 5 years ago to recover your money. The only thing I would suggest you do different is to ask for "Treble" damages when you go to court. every thing else is still the same, Especially Monica's hatred for me.
Peter
Salem, MA
Janet
Highland Village,Texas,
U.S.A.
Hope you get them!!!
#10Consumer Comment
Thu, December 30, 2004
Dear Dave, I wish you the best of luck! I cannot believe there are so many of us out there, with the same types of problems, with JK Harris. I was where you were @ 3 months ago..really pissed off...now, it is "get even" time. I would also contact your local Congressman (as I did)and let him/her know what this predatory company is doing to the taxpayers of your district and you are tired of it...If your Congressman's secretary blows you off, just repeat back to them that you are "very sorry that your Congressman has chosen not to try to help you with this matter. You had no-where else to turn.."..watch how fast they move on it... and the Taxpayer Advocate Service..with the IRS. That department knows all about JK Harris!! Also, invoke what is called the "freedom of information act" with JK Harris...by law, they must give you the info you request within 10 days OR give you and the State Attorney General, of your state, a WRITTEN reason why they will NOT give you the information you are requesting. Send it certified mail/return receipt requested. Finally, contact the Department of Professional Responsibility(OPR), in Washington DC. They are the top Federal "watchdogs"...and can put a stop to this company...You can only contact them by mail.I have the address if you need it.
Dave
Fresno,California,
U.S.A.
Another Victim - Down With Monica
#10Consumer Comment
Wed, December 29, 2004
I paid JK Harris & Co., LLC $2500.00 in September of 2001 to settle with the IRS for pennies on the dollar as they claimed. I owed $10,000.00 at the time. Once the money was paid I never heard from them. When I would call, at my wife's behest, I would receive the canned answer that they were working on the problem and that they had been in contact with the IRS. When I would receive letters from the IRS I would call JK Harris & Co. and they would have me fax the letters over and told me that they would respond on my behalf. Great! Not so great! In February of 2004 I got suspicious and I called my "Case Worker" I said that I wanted to call the IRS and let them know who was representing me. I was told NOT to contact the IRS that they had already done so and contacting them would only complicate the matter. I asked for a record of all correspondence that they initiated on my behalf. I was told this would take several weeks. I asked if they could just tell me over the phone and I got the answer that gave me this incredible sinking feeling. She did not have my file in front of her. I knew then I was in deep trouble. I never received the records and I kept after them for months. In June I received a letter from the HR person at work letting me know that the IRS had put a garnishment on my paycheck. I am the only provider of income for a family of three. This was devastating and embarrassing to me. I contacted JK Harris and they told me that it would take 4 weeks to get the garnishment released and could not tell me why this happened. I had had enough. I went to the IRS as soon as I hung up the phone, talked to someone there explaining the situation and they released the garnishment at that moment and gave me 90 days to pay the debt. Thankfully we were able to refinance our house, take some money out and pay off the debt. When I went to the IRS office to pay them I asked if they had any correspondence from JK Harris. They looked at my history and told me that they never received any correspondence and that is why they garnished my wages. I asked for my money back from JK Harris and was told they worked on my case so they would not give me a full refund. I took them to Small Claims Court and I won. NOW THEY WON'T PAY ME!. I am doing an on camera interview with a local TV station's investigative reporter within the next week. This is going to be fun! I can't wait to get some kind of reaction from them. I am filing additional order to appear's and so on. The more I spend the more they owe. The longer they hold out the more they owe. HI h*o, HI h*o Boy do they really owe! HA HA HA HA HA. Hey oldnesailor, I am having fun NOW!
Janet
Highland Village,Texas,
U.S.A.
Altered 2848's. I thought I was the only person undercut by JK Harris and Company.
#10Consumer Comment
Tue, December 14, 2004
I thought I was the only person undercut by JK Harris and Company. We met with a Mr. Jim Burjarski, "certified tax consultant" on August 4, 2004. Upon seeing only the combined bi-weekly salary of my husband and myself, and absolutly no idea of our tax liability, told us that it would be $5,000 to take care of this problem.Mr. Burjarski clearly saw a tax levy of $250 bi-weekly on my husband's payroll stub.. He advised us to leave this levy in place, as lifting this levy, would not only "complicate matters", but open my wages up to further levy. Please not in the "booklet of propaganda" we all received, that IRS levies should be avoided, at all costs. On August 23, 2004, we were notified by the IRS that our home had been liened and a further levy had been placed against my bank account. (This is 19 days after being assured that "within 5 days of signing the 2848, a letter of representation and the 2848, would be on file with the IRS, which told the IRS to only deal with JK Harris) I called all morning, trying to contact JK Harris, to ask them why this happened. Cut to the chase, I finally contacted the IRS myself, reminded them of the $250 bi-weekly we were already paying. I got the bank garnishment reversed, but the lien on my home remains. I finally ended up speaking with Suzanne Scott, supervisor of reviews and oversights.She informed me that Mr. Bujarski's advice to us (to leave the current levy in place) was totally incorrect advice and not sanctioned by JK Harris and Company.(I have this statment in e-mail form from Ms. Scott, also) I then requested for her to explain, What a "certified tax consultant" was....after many non-answers, I was finally told Mr. Bujarski was nothing more than a salesperson...with no accredited title. In fact, she told me that she had forwarded my question to their legal department for clarification of the title on the business card I was given. Again, everything I am stating, I have e-mails from Ms. Scott, to back me up. After 4-5 days of going back and forth with Ms. Scott, I decided to cancel my contract. That date was September 1st. I have an e-mailed confirmation my contract was cancelled on that date. I requested my down payment back and was overnighted (UPS) a document to sign, that basically states, I cannot hold any person, from JK Harris, responsible or speak to any third party about this matter, before my money would be refunded. I refused to sign it! I stated that JK Harris, as of September 1st, had yet to file a 2848, with the IRS, and we were promised "protection" within 5 days of our signing the 2848.Again, that date was August 4, 2004. I began speaking daily, beginning Sepetember 1st, with the IRS (all agents names and badge numbers documented) I ask every day..."had the IRS received any 2848 or Letter of Representation (whatever that is)as of each date. The answer was always negative. As I worked through all this,with the IRS, all of a sudden, on September 10th, not one, but two, 2848's show posted to my account!! The only problem with this was the first one was posted to my IRS account on July 30th (6 days BEFORE I ever met any representative of JK Harris) The next showed as posted on August 18th. Judith McGlouthlin sent the one on July 30th and Cheryl Drum sent the one on August 18th
Peter
Salem,Massachusetts,
U.S.A.
Sure Way to Reover Your Funds
#10Consumer Suggestion
Sat, December 04, 2004
On my previous posts, I have stated what has occurred between Monica Linder & JK Harris. the final outcome is that 1. I took jk to court and won through default; recovered all my funds plus costs and interest; 3. have earned the utmost hatered and contempt from Monica Linder; 4. and best is that people taking my suggestion are going to small claims, and winning.
So if you want to cover your funds,take JK Harris to small claims, and ask for the maximum amount allowed in your state.
You will win through default. Any questions, please contact me at oldnesailor@aol.com, and I will be more thatn happy to help where I can.
Kimberley
San Diego,California,
U.S.A.
JK Harris took me for $1,800.00...
#10Consumer Comment
Fri, November 26, 2004
Hey! Where can I get the Direct Adress of Monica Linder? I'd like to send my field of complaints directly to her also. I've also contacted the Attorney General in state of CA... do I need to contact AG in S. Carolina also???? I just posted my entire complaint... posted today 11/26/04...
EXTRA EXTRA read all about it.
Thanks,
Peter
Salem,Massachusetts,
U.S.A.
Hey Everyone thats been screwed by JK Harris & Monica
#10Author of original report
Fri, April 09, 2004
Hey Everyone thats been screwed by JK Harris & Monica. I am so excited. I have just received the most correspondance and reaction from them, (JK Harris & Monica), I assume every one knows who "Monica" is. Please read the following from Monica Linder.
"Oldnesailor-
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.
Kind regards,
M. Linder, Director
Problem Resolution Office
Legal Affairs Office
JK Harris and Company, LLC
My response was: "Jee!!! This is the biggest reaction that I've received from your company. I do assume that you are speaking on behalf of JK Harris. Yes I can back it up, and as I said in our last conversation, "I will see you in court", of which you (JK Harris did not show up). Is it just me, or do all the people on the internet seem to be wrong? By the way do you know which court, and the date.
Stay tuned for the next chapter in this on going soap opera. Its obvious that Monica has never read my book, (nor other books), "100 Way to Aggrivate Some One". ps: It was a best seller. I will keep you posted. Of course my wife is concerned about Monica's statement "I intend to make you".
Peter
salem,Massachusetts,
U.S.A.
file suit under the Fair Debt Collection
#10Author of original report
Mon, March 29, 2004
Hi Bill, Thanks for the support. I did contact whdh, but got no response, I'll try again although at this point I can't see how they may help. My next move after the collection hearing is to require them to provide financail documents as provided by law for collecting funds due. Then its off to Federal district court, and for $150 i can file suit under the Fair Debt Collection Practices Act. Sec 807 False of misleading representations, par 8. It may cost me a few bucks, but it will cost them alot more.
I told them in one of my correspondance that they should pay more attention to customert service than collecting fees. "If they make one person happy, they will tell 5 - 10 people. If they make one person unhappy, they will tell 15 - 20 people".
Hey!!! mybe we could all have some fun and file a class action suit. Any interest???
Bill
Berlin,Massachusetts,
U.S.A.
JK Harris possible resolution
#10Consumer Suggestion
Thu, March 25, 2004
Hi Pete, I to have the same problem. I was able to resolve my problem with a CPA from TX for only $595 compared to $2800 that JK Harris wanted. The funny part is, he only needed a POA and resolved the matter within 30 minutes with the IRS. Unlike JK Harris who needs about 20 pieces of information from you and takes 2 years before they will even represent you. I am now fighting them and my next recourse is the AG office and court.
My recommondation is to go to www.whdh.com and click on the Help Me Hank link. Down on the right near the bottom. Hank Ryan would love to do a investigative report on JK Harris if she got enough complants.