Complaint Review: William C. Constance Owner And Operator Of Access ProTax And Access Pack & Mail - Hayward California

William C. Constance aka "Bill" is the owner and operator of Access Pro Tax and Access Pack & Mail.

I have known Bill for six years. We met in approximately 2001 while I still lived in Hayward. In 2002, I moved from Hayward to San Bruno.

When my co-worker and former tax preparer was diagnosed with cancer, I suddenly found myself in search of a new tax preparer. Bill was listed in the yellow pages. I picked him because his office was within five minutes from my parents house.

From 2001 through 2006, Bill prepared my federal and state income taxes. On a handful of occasions due to errors he had made, I was contacted either by the IRS and/or the Franchise Tax Board. 99.5% of the time, the errors amounted to my receiving a smaller refund. Moreover, the errors drew the attention of the IRS and/or Franchise Tax Board... the last thing you want.

Early on, Bill charged me significantly more money to prepare my returns while my refunds were noticeably smaller. At that point, I should have looked for another tax preparer but I didn't. The relationship had blossomed into a friendship although we were never "involved". One year I referred my Uncle to him. After the fact I asked my uncle if he was pleased with Bill's service. His response was neutral. He informed me that although he did get a refund, it was less than what he was accustomed to receiving while Bill's service fees are higher. Sound familiar?

Bill confided to me that he had previously filed for bankruptcy on at least two occasions. Definitely a red flag but I choose to ignore it.

In addition to his preparing my taxes, between the years 2005 through 2007, Bill made periodic loans to me. I first asked to borrow money from him following the sale of his parents house for over $1,000,000. The loans were small and ranged from $250 to $1,000. During this time, I made periodic payments to Bill whenever I could.

In a gesture of good faith, I gave Bill two diamond rings, one of which was GIA certified. The ring was given to me by my mother who passed away suddenly the following year, in 2006. I also gave him a portable a/c and a set of blue crystal stemware. It was understood that the value of the items was not to be used to offset his loans to me. If and when I repaid him in full, he was to return my property.

In 2007, I refinanced my condo. Although the loan was small, $75,000, the interest I was to pay over the life of the loan was tripled if not quadrupled. The bank immediately deducted $5,000 for notary/misc. fees; therefore, I received $70,000. Four days later and without him asking, I electronically transferred $20,000 (nearly one-third of the loan) to Bill. I specifically told him that I was overpaying him due to my unstable financial situation. I preferred to have a credit with him in the event I should need to borrow money from him in the future.

Nearly one year later, I learned I would undergo surgery. Due to my having no health insurance, the surgeon wanted his $15,000 fee up front. After asking Bill what my financial status was, I asked him for the return of any reserve funds. Suddenly and without warning, Bill did an about face and said I owed him money.

I asked him why he failed to mention this when I repaid him $20,000 the year before. He responded he made a mistake in his calculations. Deep in my heart, I knew he was lying.

Following his refusal to return my money and my property, I filed a small claims action against Bill in February of this year. The case is: Franklin v. Constance, et al., San Mateo County Superior Court Case No.: SCN109835. A link to the web page is: http://openaccess1.sanmateocourt.org/openaccess/civil/casereport.asp?casenumber=109835&casetype=SCN&courtcode=A

Shortly after filing my claim, Bill said his financial situation was as bad as mine if not worse. I found that hard to believe considering he was the sole heir to his parents estate, had never been married nor has children. My request(s) for the return of my property were met with excuses. Two months later he informed me that my property was "lost and/or stolen". I asked Bill if any of his property was lost and/or stolen and if he filed a police report. Not surprisingly, his answer was no.

The initial hearing date in April was vacated due to Bill filing a Motion to Dismiss based on improper venue. Following receipt of my opposition, the Court denied Bill's motion and the matter was placed back on calendar for June 9.

At the hearing, the Judge took the matter under submission. On August 6, we were served with the Notice of Entry of Judgment. I was awarded the sum of $5,123. However, in the event Defendant returned my property, judgment was reduced to $1,500. I was pleased with the judgment. I believe the Judge was giving Bill incentive to return my property.

Bill's payment to me was due on September 5. Friday morning I called to ask his intentions. He said he won't pay because he's "destitute". Rather than pay me, he will file for bankruptcy.

Bill is far from being destitute. He is far from living on the streets. He runs his own business and employs a staff of four. This is a case of him refusing to pay. Throughout this ordeal, he has refused to negotiate or step up to the plate.

From February through April, it was I who made three attempts to settle. In each case, I offered to settle my claim for $2,000. On my third and last attempt, tired of listening to his excuses as to why he can't return my property, I told him that I would settle for the same $2,000 and let him keep my property. Incredibly, the attempt was made six days before he acknowledged that my property was lost and/or stolen. Had Bill agreed to settle, despite my learning this, I would have honored the agreement, the very agreement in which I made the terms.

Following his last refusal I informed him that I had the original receipts for both rings which indicated a value of just under $4,000. Add the portable a/c and stemware and you were looking at $5,000.

If Bill finances were as bad as he claims, why did he not agree to settle for $2,000, a fraction of my original claim.

CONCLUSION

Do not do business with this man. Do not give this man your money for if you do, you will not see it again. My mistake was that I overpaid him never considering that I would have to file a lawsuit to claim what is rightfully mine.

Finally, ask yourself. Would you be comfortable having your taxes prepared by someone who filed bankruptcy on at least two occasions.

Estelle

San Bruno, California

U.S.A.