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The Truth About Secure Tax
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Consumer Opinion Dealing with a Transaction with Secure Tax, an Internet Tax Filing Service
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I filed my taxes using the E-File services at http://www.irs.ustreas.gov/prod/elec_svs/secureframe.html on February 1, 1998. I paid $14.95 for this service under the following conditions:
1) The E-File would be sent to the IRS
2) Within 72-hours an e-mail would be sent acknowledging E-File.
3) The electronic return (if accepted) would be directly deposited to my checking in 10-18 days.
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I Did Not Get the 72-hour E-mail
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The web site says to contact their customer service department if you do not get an e-mail acknowledgement within 72-hours. Of course, I did just that.
On February 6th and 10th, e-mails were sent questioning what happened to the IRS� e-mail. Both e-mails went unanswered.
On the 11th day of February (11 days after the return was electronically filed), I faxed the President of Universal Tax Systems, Inc., Kenneth Barfield, to apprise him of the unanswered e-mails. Furthermore, I instructed him this could be a breach of contract issue and that I was upset with the fact Secure Tax was not standing behind their promulgated statements on their web site. In addition, I instructed him that I was filing a complaint with the IRS. I still have not, again, heard a reply from this company.
My return is for around $2800 and I am a little nervous about where my money is. And the tax service not responding only adds to my worry. I called the IRS and there is no record of my return. As you can imagine I am pretty upset.
Any other tax payer have a problem with this service. Send me e-mail and I�ll post the stories here for others to see. Thanks.
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I Finally Received a Response...
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The president of Secure Tax faxed and e-mailed me saying the IRS� e-mail had been sent. He further said he would check into why the customer service e-mails were not answered. Funny thing though�around 20 minutes later customer service responded via e-mail like they had no clue what was going on.
The president apologized and refunded our money. But here is the rest of the problem: by the time this is all said and done it will be between 26 to 33 days before actually receiving my tax refund via direct deposit. This is way off from 10-18 like their web page says. I was counting on the money too which will be causing me consequential damages. I am filing suit, so stay tuned for the developments. Please read my letter explaining the legal cause of action.
Last Letter to Secure Tax:
Via Facsimile and USPS Certified Mail
Kenneth E. Barfield, Esq.
Universal Tax Systems, Inc.
6 Mathis Drive
Rome, Georgia 30165
Re: Notice of Litigation/ Breach of Contract
Dear Mr. Barfield:
I checked with the IRS� Teletax to discover my return will not be processed until February 20, 1998. Thereafter it can take from one week to fourteen days to receive the direct deposit. This makes the total return time at least 26 days and possibly up to 33 days; this is unequivocally contrary to your promulgated statement on your web page which states "�refund to be directly deposited�in approximately 10-18 days from the date your return was accepted by the IRS."
Therefore, I will be asserting breach of contract and seeking indemnification for any monetary losses from the direct and proximate result of your breach. The Commonwealth of Virginia does not recognize disclaimers prohibiting incidental and consequential damages, please refer to Mary E. Charles v. Precision Tune, Inc., 414 S.E.2d 831, 243 Va. 313 (1992.VA.77). Thus, I stand to suffer damages because I will be failing to perform a timed transaction due to my return not being received within the 10-18 days.
I am sure this failed transaction will be shifted to the IRS for blame; however, I am prepared to assert that your company had a general obligation to inform the tax payer (consumer) the return could take much longer than the 18 days. In fact, no disclaimer was found on you web site indicating this. Besides, I have checked with numerous rapid-filing services that find this situation peculiar and unquestionably not the IRS� negligence. These individuals will be called as expert witnesses.
American consumers� richly deserve the right to the truth when entering into a contractual relationship. This case epitomizes a company that had or has no intention but to deceive the consumer by promising faster returns than actually possible. Wherefore, I do expect a refund of $14.95 for the failed performance.
I will be filing a warrant in debt in general district court in the morning. You should expect to be served within seven to ten days since the process must go through the Secretary of State. Also, my consumer opinion web site will be placed next to yours warning consumers about your service and how long it really takes to get the return when using your service. The web site will also carry all legal particulars to this case so people can watch the proceeding via the World Wide Web.
Thank you for your consideration. I will be looking forward to your position in relegation to this impediment. Again, you may call me at 540--0864 or fax me at 540--2173. Thank you.
Sincerely,
Michelle Benard
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