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Initial Complaint
10/25/2022
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
I purchased a new 2019 ram **** big horn from ********* dodge during the purchase I was told that I had to purchase the gap coverage that it was required by the lender and that I really needed it in case of a total loss accident that I would be covered. Well two years later dec 8 2021 the truck was total. And since the insurance valued the truck at less then 90% nada ******************** refused to pay the remaining amount owed on the truck, it just seems like a scam why pay for something that is completely useless
Business response
11/02/2022
WRITER'S DIRECT LINE: ************
WRITER'S DIRECT FAX: ************
November 2, 2022
Better Business Bureau
4411 *************************************************************************** 33407
Re: ***********************
*** Addendum No. P00012541078
Your Case No. 18311548
To Whom It May ***************** am writing in response to your letter regarding ****************** *** claim. *** Moran & Associates,Inc. (JM&A) is the Program Administrator, on behalf of the dealer/financial institution, for the Total Loss Protection Program (***).JM&A has reviewed the information provided pursuant to Mr. ****** *** Addendum and *** waiver claim and applied it to the calculation set forth in Mr.****** *** Addendum. Please allow the following to summarize and explain the *** waiver amount.
Please note that the purchased *** is not insurance, but a contractual waiver whereby the creditor agrees to waive a certain portion of the outstanding account balance upon the happening of a Total Loss, subject to the terms, conditions,and exclusions in the *** Addendum.
In addition, dealerships are independently owned and operated, and we do not have a physical presence in any dealership, nor are we involved in the daily operations of these dealerships, including the interactions between dealership personnel, financial institutions and dealership customers. Our only knowledge of the terms and conditions of the purchase of a *** waiver is limited to the terms documented in a *** Addendum.
A *** Addendum is not required to be purchased at the time of the vehicle purchase. As such, the Addendum states the following:
TOTAL LOSS PROTECTION IS OPTIONAL AND IS NOT INSURANCE.
You acknowledge and agree that acceptance of this addendum is optional and not required for you to obtain credit; does not impact your ability to obtain any particular or more favorable credit terms and has no effect on the terms of the related sale or lease of this vehicle.
According to the information we have gathered, Mr.****** *** claim was filed on December 27, 2021. The Amount Owed under the *** Addendum is the lesser of the Contractual Payoff or the Actual Payoff, each of the date of loss. Based on the Contractual Payoff, which was less than the Actual Payoff, there was $30,239.09 owed on the vehicle as of the Date of Loss. The Date of Loss is the date on which the Vehicle was reported stolen or incurred physical damage severe enough to constitute a Total Loss. The Contractual Payoff is comprised of the outstanding balance that would have been owed as of the Date of Loss had all payments been made according to the original payment schedule of Mr. ****** retail installment sales contract. It does not include amounts such as missed payments, payment extensions, accrued interest, late fees, etc.
The Actual Cash Value is defined in the *** Addendum as the Total Loss Settlement made by the insurance company, including sales tax paid or payable plus the insurance company deductible over $1,000, if charged.Here, Mr. ****** automobile insurance company paid a net amount of $26,007.31 in full and final settlement of the total loss to the vehicle, subject to a $1,000.00 deductible. Since ************** purchased *** Plus, only the insurance settlement amount was deducted from the *** waiver calculation. The $1,000.00 deductible was not deducted from the amount waived.
The *** Addendum also contains the following provision:
If the ******************** Loss Valuation is less than 90% of **** of Your Vehicle as of the Date of Loss, the difference between the ******************** Loss Valuation and 90% of the **** will be added to the Actual Cash Value. This may result in a smaller amount provided to You under this Addendum.
At the Date of Loss, the vehicle had an ****.value of $32,125.00; 90% of that amount is $28,912.50.Mr. ****** Loss Valuation provided by her automobile insurance company was the lesser amount of $25,356.00. Based on the provision above, since the Loss Valuation by the automobile insurance company was less than 90% of the **** value as of the Date of Loss, the difference between the automobile insurance companys Loss Valuation and 90% of the **** value ($28,912.50-$25,356.00=$3,556.50)was added to the Actual Cash Value and therefore, deducted from the *** waiver calculation.
Based on the above, the *** waiver amount was calculated as follows:
Amount Owed at Date of Loss (Based on the Contractual Payoff) $30,239.09
Net Settlement from ************** Company -$26,007.31
**** Adjustment -$3,556.50
Total *** Amount $675.28
As such, the financial institution credited the *** waiver amount of $675.28 to Mr. ****** account.
We believe this matter has been handled according to the terms and conditions of Mr. ****** *** Addendum. If ************** has any additional information, he would like us to consider or has any further questions, he may contact me directly at the telephone number listed above.
Very truly yours,/S
**********************************
Sr. *********Customer response
11/07/2022
Complaint: 18311548
I am rejecting this response because: first that's exactly what I was told at the dealer ship was the lender required that purchase this gap coverage for exactly this type of incident but when it came down to it I wasent covered by anything except my insurance company.next the lender quoted a pay off of over ********* in December so I have no idea whare the pay off of ****** is coming from.its leaving me with a total of over ***** to pay when I was allegedly fully covered.your so called gap coverage is a complete scam the dealerships are sell to people
Sincerely,
***********************Business response
11/15/2022
WRITER'S DIRECT LINE: ************
WRITER'S DIRECT FAX: ************
November 15, 2022
Better Business Bureau
4411 *************************************************************************** 33407
Re: ***********************-*** Addendum No. P00012541078
Your Case No. 18311548
To Whom It May ***************** am writing in response to your follow-up letter regarding the complaint filed by ************** against the *** Moran &Associates, **** (JM&A). We have carefully reviewed the additional information which ************** provided with regard to his *** claim and the language contained in the *** Addendum. Here are the responses to Mr. ****** questions:
A *** Addendum is not required to be purchased at the time of the vehicle purchase. As such, the Addendum states the following:
TOTAL LOSS PROTECTION IS OPTIONAL AND IS NOT INSURANCE.
You acknowledge and agree that acceptance of this addendum is optional and not required for you to obtain credit; does not impact your ability to obtain any particular or more favorable credit terms and has no effect on the terms of the related sale or lease of this vehicle.
The Contractual Payoff is comprised of the outstanding balance that would have been owed as of the Date of Loss had all payments been made according to the original payment schedule of Mr. ****** retail installment sales contract. It does not include amounts such as missed payments, payment extensions, accrued interest, late fees, etc.
The section of the Addendum titled Contractual Payoff states the following:
Contractual Payoff: The outstanding balance that would have been owed on Your Finance Contract as of the Date of Loss had all payments been made according to the original payment schedule of Your Finance Contract. The Contractual Payoff does not include:
Missed payments,payment extensions, deferred payments, accrued interest, late fees or other fees assessed on Your Finance Contract;
Disposition fees,penalty fees, early termination fees or any other fees charged in connection with the termination of Your Finance
Contract;
Any finance or other charges incurred;
Items added to Your Finance Contract balance after Inception Date.
Based on the *** Addendum, the *** waiver amount was calculated as follows:
Amount Owed at Date of Loss
(Based on the Contractual Payoff) $30,239.09
Net Settlement from ********************** -$26,007.31
NADA Adjustment -$3,556.50
Total *** Amount $675.28
As such, the financial institution credited the *** waiver amount of $675.28 to Mr. ****** account.
We believe this matter has been handled according to the terms and conditions of Mr. ****** *** Addendum. If ************** has any additional information, he would like us to consider or has any further questions, he may contact me directly at the telephone number listed above.
Very truly yours,/S
**********************************
Sr.*********Initial Complaint
07/10/2022
- Complaint Type:
- Product Issues
- Status:
- Answered
My name is ***********************, and I recently cancelled Contract J00053065203. I received a refund check in the mail for $1,459.77, but this amount is too low. I understand that the refund amount is calculated pro rata from the purchase date; however, this calculation methodology is flawed and unfair to the consumer. The contract is for five services with 3 sets of wiper replacements and 1 set of brake pads and rotors that kicks in at 4 years or ****** miles. I only used the ****** mile service and 1 set of wiper replacements. I should be refunded at least 80% of the $3,295 purchase price or $2,636. Please look into this matter. Thanks,***Business response
07/15/2022
WRITER'S DIRECT LINE: ************
WRITER'S DIRECT FAX: ************July 15, 2022
Better Business Bureau
4411 *************************************************************************** 33407
RE: ***********************-Contract No. J00053065203
Complaint ***********
To Whom It May ***************** am responding to your letter regarding the complaint filed by ***************************, with *** Moran & Associates, Inc.(JM&A) regarding the cancellation of his contract with *******************************. (FWS). The complaint was forwarded to FWS by JM&A, our sister company, as this was our product.
This letter is to provide ************** with an explanation of how the refund amount was calculated upon the cancellation of his contract.
Please note that under the terms of Mr.****** ******* contract, the cancellation is calculated as follows:
CANCELLATION: This Contract may be cancelled by YOU at any time. To cancel, YOU must return to YOUR Selling Dealer or contact ******************************** at ************** to receive instructions. If YOU cancel during the first thirty (30) days, a one hundred percent (100%) refund of the PURCHASE PRICE will be made. If YOU cancel after thirty (30) days but within sixty (60) days, a one hundred percent (100%) refund of the PURCHASE PRICE will be made, less an administration fee that FWS will charge and retain of $50. If YOU cancel after sixty (60) days, a Pro-Rata refund of the PURCHASE PRICE will be made upon the greater of the time or mileage expired from the PURCHASE DATE less an administration fee that FWS will charge and retain of $50. In the event of cancellation, YOU authorize the LIENHOLDER to receive any refund amounts. Upon OUR receipt of notification of a total loss or repossession, the Contract will be terminated and all rights and interests to a refund under the Contract will immediately transfer to the LIENHOLDER and the LIENHOLDER will be named sole payee for any refund amounts. The Contract is non cancellable by US except for fraud,material misrepresentation, or failure to pay the PURCHASE PRICE.
In this instance, ************** requested the cancellation approximately five years after the purchase of the contract, which does not qualify him for a full refund. After 60 days, the contract allows for a pro-rata refund based upon the greater of the time or mileage expired from the purchase date. Thus, the cancellation was made based upon time expired from the purchase date, as that was greater. The cancellation was calculated as follows:
Product: J00053065203
Purchase Date: 12/29/2017
Cancel Date: 6/20/2022
Effective Cancellation Date: 4/30/2022
Refund Percentage: 45.82%
Cancellation Fee: $50.00
Pro Rata Refund: $1,459.77FWS hopes this explanation provides greater clarity and answers to all of Mr. ****** questions. Should you have any additional questions regarding this matter, please feel free to contact me at the telephone number listed above.
Sincerely,
/S
**********************************
Sr.*********Customer response
07/19/2022
Complaint: 17547690
I am rejecting this response because the calculation methodology is completely unfair to the consumer. As stated in my original complaint, I understand how the refund was calculated; I am not asking for a full refund.I am going to provide a simple exercise here: let's follow the money. I paid $3,295 for this contract. I only used the ****** mile service and one set of wiper replacement blades and this costs $689.95 and $91.95, respectively. I got this amount by going to ***************************************'s website. I received a refund check in the mail for $1,459.77. $3,295-$689.95-$91.95-$1,459.77=$1,053.33. I should be owed AT LEAST $1,053.33 in addition to the $1,459.77 refund check since this was a discounted maintenance plan that I paid for up front. There is no way that JM&A should keep this extra amount.
Sincerely,
***********************Business response
08/17/2022
WRITER'S DIRECT LINE: ************
WRITER'S DIRECT FAX: ************
August 16, 2022
Better Business Bureau
4411 *************************************************************************** 33407
RE: ***********************
Contract No.J00053065203
Complaint ***********
To Whom It May ***************** am responding to your follow-up letter regarding the complaint filed by ***************************, with *** Moran & Associates, **** (JM&A) regarding the cancellation of his ******** with *******************************. (FWS). As indicated previously, the complaint was forwarded to FWS by JMA, our sister company, as this was our product.
Mr. ****** ******** was cancelled pursuant to the terms and conditions of his ********. Under the terms of Mr. ****** ********, If YOU cancel after sixty (60)days, a Pro-Rata refund of the PURCHASE PRICE will be made upon the greater of the time or mileage expired from the PURCHASE DATE less an administration fee that FWS charges and retains of $50. Mr.****** ******** was purchased on December 29, 2017, for a term of 8 year/80,000 miles and cancelled on June 20, 2022, with an effective date of April 30, 2022. In this instance, ************* requested the cancellation approximately five years after the purchase of the ********, and thus was only eligible for the pro-rata refund as provided.
FWS hopes this explanation provides greater clarity and answers all of Mr. ****** questions. Should you have any additional questions regarding this matter, please feel free to contact me at the telephone number listed above.
Sincerely,/S
**********************************
Sr. *********Initial Complaint
05/16/2022
- Complaint Type:
- Product Issues
- Status:
- Answered
purchased a truck from kenny ross ford, irwin pa in 5/20, and bought an additional service contract, i was told i can cancel at any time and receive a pro-rated refund, i traded in the truck and cancelled the policy on 3/14/22, i was told i would get a 69% refund, it stared out 2 weeks, then 3-4 weeks, then 4-6 weeks, now they wont even return any emails or phone calls, when i do get thru, some secretary says they will beck but never do, ill send a copy also of the title for proof of ownership, apparently the car dealer doesnt deal with these people anymore and said to heave the refund sent directly to me, john sturnickBusiness response
05/23/2022
WRITER'S DIRECT LINE: ************
WRITER'S DIRECT FAX: ************
May 23, 2022
Better Business Bureau
4411 Beacon Circle, Suite 4
West Palm Beach, FL 33407
RE: ******* ********/**** ********
Contract No. P00014329775
Your Case No. 17208040
To Whom It May Concern:
Jim Moran & Associates, Inc., our sister company, forwarded Ms. ********’s complaint to Fidelity Warranty Services, Inc. (“FWS”), since the contract at issue is administered by us. I have carefully reviewed the details of Mr. and Mrs. ********’s request for cancellation of the contract.
Our records indicate that Mr. and Mrs. ********’s service contract was canceled on May 16, 2022, with an effective date of March 14, 2022. Check number 04364271 for the pro-rata refund amount of $1,082.88 was forwarded to Mr. ******** on May 21, 2022, pursuant to the provisions of the contract.
We trust that this matter was resolved to Mr. and Mrs. ********’s satisfaction, as FWS values them as customers. Should you have any questions, please feel free to contact me at the telephone number listed above.
Sincerely,/S
***** K. **********
Sr. ParalegalInitial Complaint
04/27/2022
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
JM&A Group has been unwilling to remit a payment for unused extended warranty contract cancellation due to vehicle sale. Cancellation request submitted on 3/22/22 and confirmation reply received. I believe they are acting fraudulently.Business response
05/19/2022
WRITER'S DIRECT LINE: ************
WRITER'S DIRECT FAX: ************
May 19, 2022
Better Business Bureau
4411 *************************************************************************** 33407
RE: *************************
**********************************; Your Case No. 17116841
To Whom It May ****************** apologize for the delay in responding to you. *** Moran & Associates, ***** our sister company, forwarded your complaint to *******************************. (FWS), as we are the administrators of Ms. ********* contract. I have carefully reviewed the details of Ms. ********* request for cancellation of the contract.
Our records indicate that Ms. ********* contract was canceled on May 5, 2022, with an effective date of March 1, 2022. Check number ******** for the pro-rata refund amount of $1,820.48 was forwarded to ******************** on May 9,2022, pursuant to the provisions of her contract.
We trust that this matter was resolved to Ms. ********* satisfaction, as FWS values her as a customer. Should you have any questions, please feel free to contact me at the telephone number listed above.
Sincerely,/S
**********************************
Sr. ParalegalInitial Complaint
04/23/2022
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
3/27 /2022 I purchased a 2022 nissan altima at courtesy nissan tampa located at 3800 hillsborough ave tampa florida! These guys used vystar credit union and told me that in order to receive financing I need to go through the bank first time buyer program! And I must take the dealer warranty in order to get the loan!! This was not true and is deceptive!! It clear states on the JMA warranty that this is not a requirement for financing… I reached out to courtesy nissan on 4-18 and let them know to immediately cancel the warranty and credit the account they told me it takes two months!! Now if they want to take two months thats fine as long as they understand that my cancellation is effective 4-18-2022, however I believe they trying to stall to receive commissions and bonuses and im not playing these games, I will obtain a attorney in this matter if this is not handled immediately!! Im not here for anyone to take advantage of me!! I spoke to eric terry and after i sent him the cancellation papers, he disappeared and did not answer any emails… NEED THIS CANCELLED IMMEDIATELY EFFECTIVE 4-18-2022Business response
04/27/2022
TWRITER'S DIRECT LINE: ************
WRITER'S DIRECT FAX: ************
April 27, 2022
Better Business Bureau
4411 Beacon Circle, Suite 4
West Palm Beach, FL 33407
RE: Erica Comer
Contract No. P00021910891, P00021910889, P00021910890
Your Case No. 17101625
To Whom It May Concern:
I am responding to your letter regarding Ms. Comer’s request to cancel the above referenced contracts with Jim Moran & Associates, Inc. (“JM&A”). I have carefully reviewed the details of Ms. Comer’s request for cancellation of the contracts.
Pursuant to the provisions of her contract, upon cancellation, the refund is made to the lienholder, if applicable.
Our records indicate that Ms. Comer’s contracts were canceled on April 22, 2022, with an effective date of April 18, 2022. The Electronic Transfer Funds (ETF) were issued to Vystar Credit Union, the lienholder, for the full refund amount, pursuant to the provisions of Ms. Comer’s contract.
We trust that this matter was resolved to Ms. Comer’s satisfaction, as FWS values her as a customer. Should you have any questions, please feel free to contact me at the telephone number listed above.
Sincerely,/S
***** K. **********
Sr. ParalegalInitial Complaint
03/23/2022
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
I purchased a 2015 Hyundai Sonata from Thornton Road Hyundai in February 2018, along with this vehicle I purchased a GAP policy which was offered to me by the dealership and presented as an "insurance policy that will cover my vehicle if there was ever a total loss to my vehicle while I was still making payments on it". This policy was through JM&A Group, which at the time I was not informed of, not that I knew the difference in GAP policies since this was my first ever purchase from an actual dealership. I was not given any information about the policy, the terms or conditions or that there was anything short of just getting rid of the vehicle that would cause the policy to become invalid in any way. My car was deemed totaled in March of 2022. JM&A denied my claim based upon NADA Adjustment stating that Geico valued my vehicle below 90% of the NADA value leaving a difference of $1,064.00 so they weren't paying anything to the remaining balance of $2,198.12. When I emailed the adjuster in regards to this the came back with an excuse of "You also had extensions on your loan which makes the policy ineffective". Those were done bc my MOTHER was on life support and almost died and I took a leave of absence from work to stay at the hospital for 9 straight months, literally, it's documented. It was not something that could be avoided. I was told "that's not our fault"! So I paid in for 5 years on this "policy" but they can't afford to cover $2,198.12. They have EVERY excuse and heartless response known to man to keep from paying a dime out. This company is a scam and SHOULD NOT be a credited business. I honestly have not found a single positive review for this company, in fact, every single review I've seen about this company has been the same exact thing. "They wouldn't pay my claim because my insurance valued my care at less than 90% of it's NADA value" which is bull crap since all the ones I'm pulling up are even lower than what Geico valued mine at!Business response
04/05/2022
WRITER'S DIRECT LINE: 954/429-2292
WRITER'S DIRECT FAX: 954/596-7461
April 5, 2022
Better Business Bureau
4411 Beacon Circle, Suite 4
West Palm Beach, FL 33407
Re: ****** *******
GAP Addendum No. P00006217671
Your Case No. 16932711
To Whom It May Concern:
I am writing in response to your letter regarding Ms. *******’s GAP claim. Jim Moran & Associates, Inc. (“JM&A”) is the Program Administrator for the Total Loss Protection Program (“GAP”) offered by the dealership, Thornton Road Hyundai. JM&A has carefully reviewed the details of Ms. *******’s GAP Addendum and GAP waiver claim. Please allow the following to summarize and explain the calculation of Ms. *******’s GAP waiver amount.
Please note that the purchased GAP is not insurance, but a contractual waiver whereby the creditor agrees to waive a certain portion of the outstanding account balance upon the happening of a Total Loss, subject to the terms, conditions, and exclusions in the contract.
According to the information we have gathered, Ms. *******’s GAP claim was filed on March 19, 2022. Based on the terms of the contract, there was a Contractual Payoff of $7,160.02 owed on the vehicle as of the Date of Loss. The Date of Loss is the date on which the Vehicle was reported stolen or incurred physical damage severe enough to constitute a Total Loss. The Contractual Payoff is comprised of the outstanding balance that would have been owed as of the Date of Loss had all payments been made according to the original payment schedule of Ms. *******’s retail installment sales contract. It does not include amounts such as missed payments, payment extensions, accrued interest, late fees, etc.
The “Actual Cash Value” is defined in the GAP Addendum as the Total Loss Settlement made by the insurance company, including sales tax paid or payable plus the insurance company deductible. Here, Ms. *******’s automobile insurance company paid a net amount of $10,855.98 in full and final settlement of the total loss to the vehicle, subject to a $500.00 deductible. Since Ms. ******* purchased GAP Plus, only the insurance settlement amount was deducted from the GAP waiver calculation. The $500.00 deductible was not deducted from the amount waived.
The GAP Addendum also contains the following provision:
If the Automobile Insurance Loss Valuation of the Vehicle by the automobile insurance company is less than 90% of the N.A.D.A. value of the Vehicle as of the Date of Loss, the difference between the Automobile Insurance Loss Valuation and 90% of the N.A.D.A. value will be added to the Actual Cash Value as calculated above…
At the Date of Loss, the vehicle had an N.A.D.A. value of $13,000.00; 90% of that amount is $11,700.00. Ms. *******’s Loss Valuation provided by her automobile insurance company was the lesser amount of $10,636.00. Based on the provision above, since the Loss Valuation by the automobile insurance company was less than 90% of the N.A.D.A. value as of the Date of Loss, the difference between the automobile insurance company’s Loss Valuation and 90% of the N.A.D.A. value ($11,700.00-$10,636.00=$1,064.00) was added to the Actual Cash Value and therefore, deducted from the waiver calculation.
Based on the above, the GAP waiver amount was calculated as follows:
Amount Owed at Date of Loss
(Based on the Contractual Payoff) $7,160.02
Net Settlement from Auto Company -$10,855.98
Insurance Deductible -$500.00
Waived Deductible $500.00
90% JD Power Adjustment -$1,064.00
Total GAP Amount -$4,759.96
Because Ms. *******’s GAP calculation resulted in a negative value number, no GAP waiver amount is available pursuant to the terms of the Addendum.
We believe this matter has been handled according to the terms and conditions of Ms. *******’s Addendum. However, pursuant to the terms of the GAP waiver, Ms. ******* may be eligible for a pro-rata refund of the GAP Addendum and may wish to contact the selling dealership regarding this amount.If you have any additional information you would like us to consider or have any further questions, please do not hesitate to contact me at the telephone number listed above.
Very truly yours,/S
***** K. *********r
Sr. ParalegalCustomer response
04/05/2022
Complaint: 16932711
I am rejecting this response because: My insurance company amended their payment after the GAP company denied and sent an additional $1684.28 leaving a payoff balance of $786.67 which the GAP policy still refuses to pay even though my insurance has now paid ABOVE 90% of the NADA Value which GAP over valued at to begin with. They are a bad company to work with and will skirt through any and every loop hole they can find to keep from paying a claim. Nothing but a bunch of scam artist at JM&A!!!!
Sincerely,
****** *******Business response
04/21/2022
WRITER'S DIRECT LINE: 954/429-2292
WRITER'S DIRECT FAX: 954/429-2292
April 21, 2022
Better Business Bureau
4411 Beacon Circle, Suite 4
West Palm Beach, FL 33407
Re: ****** *******
GAP Addendum No. ************
Your Case No. 16932711
To Whom It May Concern:
I am writing in response to your follow-up letter regarding the calculation of Ms. *******’s GAP claim. Please note that the remaining balance owed on Ms. *******’s loan directly relates to Ms. *******’s missed payments. The Contractual Payoff used in calculating Ms. *******’s GAP waiver is based on the outstanding balance that would have been owed as of the Date of Loss had Ms. ******* made all payments according to the original payment schedule of her retail installment sales contract. It does not include amounts such as missed payments, regardless of the reason for those missed payments. As such, the GAP waiver amount for Ms. *******’s account remains the same.
If Ms. ******* has any further questions, she may contact me at the telephone number listed above.
Very truly yours,/s
***** K. **********
Sr. ParalegalInitial Complaint
03/03/2022
- Complaint Type:
- Billing Issues
- Status:
- Resolved
Car warranties from Jim Moran & Associates (JM&A) were cancelled by ******** ****** Hyundai in October 2021 on my car. JM&A sent two refund checks, according to them, on November 30, 2021 to the lending bank, T*****, where my car loan is. One check was for $448.69; the other for $2,142. By mid January no refund had hit my account and I reached out via emails to JM&A--to which I got no response--and they later said in a February email that two more checks were sent on January 7th and 15th. When the checks still didn't show up by February I emailed again. ( I was told at the end of December when I called them that emailing 'Incomplete Cancels' is the way I should handle this). I contacted T***** and was given an address by T***** where refunds should go which I passed onto JM&A, but they insisted that they had the correct address and would continue to use it. They later said it was wrong. A couple of days later, one of the checks appeared in the account with a stop payment on it, for which I got a stop payment fee of $20; however, apparently one of the checks for $448.69 hit. On February 15, JM&A stated that they were putting stop payments on the two remaining checks (Nov. 30th's and Jan.15th's check) for $2,142 and were overnighting another for same. Then on February 22, they sent me an email, that again, they were stopping payment on the two earlier checks and overnighting a new one for $2,142. I asked them not to do this as I did not more stop payment fees charged and/or to call T***** directly to straighten this out. A couple of days ago, my account at T***** showed two stop payments going through on February 18th and two more fees of $20 each for stop payments. I still have not got the $2,142 in my account at T*****. JM&A's response was that they were sorry for the inconvenience! I have tried to resolve the problem but after about 25 emails I am missing not only the $2,142 but owe $60 more on the auto loan from stop payment fees on JM&A's checks.Business response
03/24/2022
WRITER'S DIRECT LINE: ************
WRITER'S DIRECT FAX: ************
March 24, 2022
Better Business Bureau
4411 Beacon Circle, Suite 4
West Palm Beach, FL 33407
RE: ***** ******
Contract Nos: P00019867194 & P00019867196
Case No. 1*******
To Whom It May Concern:
I am responding to your recent letter regarding the complaint filed by Ms. ****** with Jim Moran & Associates, Inc. (“JM&A”). I have carefully reviewed the details of her request for cancellation of the contract.
We apologize for any issues which Ms. ****** experienced during the processing of her cancellations. Our records indicate that Ms. ******’s contracts were originally canceled in December 2021. However, it was soon discovered that the lienholder only received one check. Thus, a stop payment was placed on the missing check and a new check was issued. On March 9, 2021, the new check was received and cashed by the lienholder. We apologize for any charges incurred as a result of the stop payment. If she provides us with a statement showing the additional fees, JM&A will issue an additional check to cover those charges. The statement can be submitted to the undersigned via regular mail or via facsimile at ***** *******2.
We trust that this matter was resolved to Ms. ******’s satisfaction, as FWS values her as a customer. Should you have any questions, please feel free to contact me at the telephone number listed above.
Sincerely,/s
***** ** **********
Sr. ParalegalCustomer response
03/26/2022
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID 16829639, and find that this resolution is satisfactory to me, if they give me their address so I can mail the proof of three stop payment charges of $20 each.
Sincerely,
***** ******
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44 total complaints in the last 3 years.
21 complaints closed in the last 12 months.
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