What is the name of your state (only U.S. law)? Florida
We took what they called a hard ship withdrawal from our account. Not something I wanted to do, but when my husband spoke with them on the phone which was recorded they told us we could do it without paying a penalty or tax on it. Of course I didn't believe it but the person we spoke with insisted there would be no tax and no penalty. Well that was wrong. We got our 1099r code 1 which means its taxed and has a 10% penalty. I called them and explained what we were told before taking the money. They didn't believe me and said they would listen to the voice recording. Well they called me back and agreed we were told the wrong information and offered to give us $100 off our accounting fee. Since this money is going to cost us about $5,000 in taxes and penalties I told them I want a copy of this recording and once I listen to it I will tell them what I decide. I just got an email telling me they will not let me hear the recording but I can call them and they will talk to me about it again. My question is can they record our phone conversation and refuse give us a copy it or let us hear it because it proves they were wrong. Also is there anything I can do about being lied to for the second time?
We took what they called a hard ship withdrawal from our account. Not something I wanted to do, but when my husband spoke with them on the phone which was recorded they told us we could do it without paying a penalty or tax on it. Of course I didn't believe it but the person we spoke with insisted there would be no tax and no penalty. Well that was wrong. We got our 1099r code 1 which means its taxed and has a 10% penalty. I called them and explained what we were told before taking the money. They didn't believe me and said they would listen to the voice recording. Well they called me back and agreed we were told the wrong information and offered to give us $100 off our accounting fee. Since this money is going to cost us about $5,000 in taxes and penalties I told them I want a copy of this recording and once I listen to it I will tell them what I decide. I just got an email telling me they will not let me hear the recording but I can call them and they will talk to me about it again. My question is can they record our phone conversation and refuse give us a copy it or let us hear it because it proves they were wrong. Also is there anything I can do about being lied to for the second time?