Complaint Review: United Fresh Start

This is the jest of the conversation by email that I had with their refund department:

"Re: your emailed response to my refund request dated april 5th, 2004.

I would like to state for the record that your response was rude in the assumptions you made and the way you presented them to me.

It was unprofessional and lacked the courtesy of customer service. As you have, at this point, denied my refund request I am still a paying customer of your 'service' and as such expect a better response than "you are a liar" (Each and every misrepresentation and/or false assertion contained in your refund request is hereby denied.)

I dearly hope that it is not normal practice for your company to treat your customers with little respect or courtesy.

Furthermore, I do not agree that your decision is final as I am yet to accept it. An agreement, as you will know, works both ways, I currently disagree with the service you have provided.

I ask you once again to reconsider your position on this before I escalate the matter further and pursue a legal resolution.

I too have a record of communication between United Fresh Start and myself. Including email's received from my first case worker, Trista and after you had received my payment, Lovisa.

I am disappointed that you did not contact me when completing your investigation into my request. However, I will take this opportunity now to confirm for you a few facts that may have not been taken into consideration when you made your decision.

Since time was of the essence, I was 'told' to pay $905.00 instead of the $785.00 originally asked. This was due to my foreclosure date being very close and this, according to your own representative, was the only way of your guaranteed service helping me.

From the time that I sent payment to the time that I was able to log on to the account, 8 days had passed. I have it logged in my email (after many phone calls to Lovisa) that I was not able to log in as I was yet to receive a working password.

I was asked to fill out the application after I paid and fax it to you. I did that and was told that I had sent the wrong application. This even wasted more time. I was never told where to find the right application until I called the local office and a customer service rep. (male) told me what I needed to send and for the first time, I was told where to find it, despite the fact I had asked specifically for this information before from both Trista and Lovisa. This all took place on February 10-11, 2004.

At that time, I had a verbal conversation with Lovisa. In that conversation, I told her that I may have a buyer (sister) and that I may be able to resolve on my own. She said it would be ok to pursue that and that it would not affect the service I was expecting to be provided by United Fresh Start.

I did not receive any coorespondence from Lovisa after that until February 25th, 2004 when I was finally given the password I needed to check my case notes online.

Lovisa told me on February 25, 2004 that I had to have saved some money to satisy the mortgage lender, in this case, Ameriquest Mortgage. That was the first time she or anyone from United Fresh Start had suggested the saving of funds.
She told me, despite the lack of contact with her before that she had instructed me in the past to save money. That was untrue. Yes, your own representative is the only person guilty of misrepresentation and false assertion's and I am willing to challenge your representative and your company on that with the facts I have before me, in legal proceedings if need be.

Note that any and all coorespondence with Lovisa and the update system(Online Case notes) was on February 25, 2004 and none after or before that. At that point, because of the frustration of not having my phone calls returned or not being able to log into the account, I took matters into my own hands and sold the house, as Lovisa had already advised me would be ok to do without affecting the service I was expecting from United Fresh Start.

Ok, now to answer your own assertion's(false) regarding my 'voided' guarantee.

Our records indicate that you voided your guarantee by substantially and repeatedly violating our Foreclosure Avoidance Service Agreement as follows:

_____X___ See Para 6 of our agreement

From Paragraph 6:

6. Limited Guarantee. In the event Foreclosure Resolution Expert fails to develop a viable plan to help Homeowners stop or avoid their current foreclosure, Foreclosure Resolution Expert shall pay a refund to Homeowners equal and limited to 100% of the service fee portion paid by Homeowners hereunder.

Exellent, as your records will show, I qualify there and do NOT fall under any of the items listed in that paragraph that would make me ineligible. As I made an immediate refund request(that was not answered for a full month at which point I contacted you again) I fall well into the 21 day period stated in that paragraph.

_____X___ We provided you with a strategy(s) in spite of your failures

I was not provided with any strategy's. Unless of course you are counting the false assertion that I was told to save money. I would like to see documented and dated proof of any strategys I did not follow.


_____X___ The final result: you did not or did not have to lose your home

Yes, in fact I did. I had to sell the home to save myself from foreclosure. This was done totally independantly of your service and all paper and electronic records will show that.

So there you have it. I paid for a service that I did not receive. Your company charged me for a service you did not deliver. That is undeniable.

I have contacted the FTC(Federal Trade Commission) with my complaint.

I look forward to receiving confirmation of my refund. I also look forward to a response that is bereft of the petty namecalling in your last coorespondence.


Yours

Benita

This was the response to the email they had sent me from their refund department:

"United FreshStart
Customer Support Center

1-888-867-9840 360-387-9892 FAX


Date: April 5, 2004

Dear: Benita,

In re: Refund Eligibility
Thank you for making a refund request. We have interviewed your Resolution Specialist and thoroughly reviewed both your request detail and your entire case file. We keep a complete record of all communication involved in your case.

As you know, United FreshStart specializes in debt crisis management solutions and provides situation analysis, information, instruction/direction, strategy development, negotiation assistance, and implementation support to your effort to successfully resolve your foreclosure.

We bring a tremendous amount of experience, resources, and efforts whenever we are asked to help someone find a way to stop their foreclosure. However, our efforts depend in a critical way on your cooperation with us and your lender. Each and every misrepresentation and/or false assertion contained in your refund request is hereby denied.

Our records indicate that you voided your guarantee by substantially and repeatedly violating our Foreclosure Avoidance Service Agreement as follows:
________ See Para. 3 on our agreement,
________ See Para 4 of our agreement

_____X___ See Para 6 of our agreement, and/or
_____X___ We provided you with a strategy(s) in spite of your failures
_____X___ The final result: you did not or did not have to lose your home

When you do not carry out your responsibilities under our agreement as you promised, you not only put yourself in greater jeopardy with your lender, but you adversely affect our ability to perform on your behalf, hence violating any rights you may have had under our Limited Guarantee.

Accordingly, your request for refund is hereby denied because your actions/inactions violated the above referenced provisions of your agreement and have made your case ineligible for refund. This decision was made carefully and is final.

Thank you and good luck.
Very truly,
United FreshStart

Quality Assurance Department"

I never heard anything from them again.

Benita
Tacoma, Washington
U.S.A.