Product: Credit card

I am disputing the way my credit card ( cc ) company improperly handled a billing dispute. 

On/about XXXX I filed a dispute w my cc for a charge that occurred XX/XX/XXXX for {$510.00}. My claim was that the merchant sold and billed me for goods that were not as described as I learned after purchase that the item was defective and some of those defects were unrepairable. At no time did I ever receive possession of the item I was billed for. The item was a used vehicle, which had failed VA state inspection ( info not disclosed on sellers website ), and had XXXX active recalls ( info also not disclosed on sellers website ). I only became aware of the failed inspection when I went to the dealership to test drive the vehicle. This in and of itself was a disservice b/c we live an hour away. We likely would not have driven to this dealership had this safety information been properly disclosed. This is deception. The rejection sticker was located on the windshield. We wanted to take the care to our mechanic to do a pre-purchase inspection. The dealer said we could only drive the car w/in a 5 mi radius and we had a XXXX time limit to test drive. After returning from the short test drive, the seller assured us that nothing was wrong with the car except a tire needed replaced and the tint on the back windshield was too dark. They assured us that with these fixes the car would pass inspection. With that assurance, a written agreement was entered w the caveat the car passed inspection. A good faith deposit was placed w the promise all issues would be remedied. This agreement was valid thru XXXX, when we would return to pick up the car and pay the remaining balance owed. 

XXXX I learned the vehicle had XXXX open recalls. I called the manufacturer who informed me there was only a remedy for XXXX. The open item imposed a significant safety risk which could result in the car catching fire while driving. That posed a significant concern, especially considering the car was being purchased for my teenager as his first car. I immediately called the dealership to discuss and was NEVER able to talk to a manager. I was able to talk to supervisors and the secretary. They all told me only the manager could provide options up to and including a full refund of our good faith payment. After talking to the dealer, I also learned that the vehicle still hadnt passed inspection! Despite calling daily with no resolve, on XXXX the last day of our agreement, since the manager still hadnt returned my calls and the car still hadnt passed inspection, we decided to take the hour drive to the dealership to handle in person ( we only did this b/c of the written agreement we had and we did not want the dealer to keep our deposit when they defaulted on the agreement ). I called/emailed to let them know we were on our way. Enroute a supervisor told me that they sold the car and we missed out. Of course I was devastated and demanded to know why the manager never called me to discuss our options. I was told that they felt they didnt need to call to me as they believed I didnt want the car due to the recalls and inspection issue. Whether I did or didnt was not their choice to make B/c a deposit was placed on the car and I was entitled to my money back. As a result of the car being sold while having a written contract thru XXXX, I told them they breached our sales agreement and I was entitled to a full refund. 

After communicating all of this to my bank, they still wanted me to attempt to resolve the issue directly. On/about XX/XX/XXXX I was only able to get the merchant to give me a partial refund of {$370.00}. I reported this to my bank and told them that although I reluctantly agreed to the partial refund, I vehemently didnt agree that the merchant should keep any part of my money. The partial refund posted XX/XX/XXXX. The merchant 's reason for keeping the difference was just b/c they felt they didnt owe me anything and they were a business. This reason is so ridiculous as they still sold the car, so there was no loss. The irony is that they sold the car for {$1500.00} less than what they were selling to me for. If anything I should have been given this reduced offer if I chose to proceed with the sell, but the mgr never even called me to discuss my options. 

XX/XX/XXXX The bank continued with the claim for the remaining balance of {$140.00} and provided me a provisional credit ( the difference between {$510.00} and {$370.00} ). However, after receiving the {$370.00} partial refund from the merchant ( XX/XX/XXXX ), the bank then awarded my account the full {$510.00} chargeback. They then reversed it, and awarded my act w the credit of {$140.00}. They wrote me a letter ( dated XX/XX/XXXX ) stating that unless the merchant can provide a reason why Im not entitled to the full amount the decision was in my favor. The matter was considered closed. 

Now the basis that brings me to my dispute with CFPB : XX/XX/XXXX, without any prior written notice of action the bank reversed its provisional credit of {$140.00} and charged my acct. my same. The same day, my act was also hit with a separate charge from the merchant for another {$140.00}. I learned of this on XX/XX/XXXX and immediately called the bank. The supervisor told me that one was a credit and the other a debit, that I was reading it wrong. He told me to wait a few days for the transactions to post and that I was overreacting. I requested to cancel my cc anyway as I knew my acct was fraudenty charged by the merchant w/o my knowledge, consent, and w/o the card being present in the environment. The bank supervisor agreed to close the XXXX, but refused to put a fraud claim on the transaction from the merchant. He believed the reversal {$140.00} from the bank was actually a credit and the charge of {$140.00} was an offset, and that all would balance out, and that I just needed to wait. B/c I was unable to file a dispute/fraud claim on my own using the online platform I was at the mercy of the bank and forced to wait, even though I knew in my core, something was wrong. 

XX/XX/XXXX and XXXX I called the merchant to find out why it charged my cc when the bank reversed its previous decision & awarded them the {$140.00} from the original dispute. My first call was no answer after calling several times. On the XXXX, I left a message with the secretary as she said a manager would call me back. 

I called the bank again XXXX to dispute the {$140.00} from the merchant ( although I also disagreed with banks reversal of their {$140.00}, that is not what this separate issue was about ). I was then allowed to submit my claim w their security operations. XX/XX/XXXX the bank sent me an affidavit to complete/sign and upload to the portal. 

XX/XX/XXXX after unsuccessfully loading the form, I called the bank to report my issues and was told they cancelled my fraud claim and I had to file a billing dispute w customer service, which I did. They directed me to not complete the form. The irony of this is that I tried to do this XX/XX/XXXX, when I first discovered the charge and was initially denied by the bank. 

I also sent a written request to the bank asking to see the evidence submitted by the merchant ( re : XXXX dispute ) and the date of their response submission. I am concerned by the date of the reversal dated XX/XX/XXXX, being more than 20 days after the banks XX/XX/XXXX decision. The merchants response appeared untimely. A few days later I received a letter from the bank enclosing their explanation for the reversal of their {$140.00} credit to my act. In it I noticed they used the chargeback code XXXX which is for refund not received. I have always maintained w the bank that this transaction was being disputed b/c I was sold a defective product that was intentionally undisclosed, this is Theft by deception based on merchandise sold not as described w defects, as well as breach of contract. I was clearly defrauded by this transaction. For the bank to submit a chargeback code for not receiving a refund after I did in fact receive the partial refund, is a gross negligent error! As I never argued the merchant promised to give me a full refund. In fact, I disclosed they only offered a partial refund. My dispute was to be made whole for the entire {$510.00} transaction, this was per the language of the banks letter dated XX/XX/XXXX. Further, the {$370.00} refund by the merchant had already posted to my act before the bank even submitted the chargeback to the merchant. So what was the basis for them using the erroneous XXXX coding? 

XXXX I made a payment for {$1900.00}. I specifically called in to allocate {$1200.00} towards a promotional balance that I had on the acct, which then left the remaining owed {$610.00} ( orig owed/purchase amt was {$1800.00} ). The remaining payment went to the other outstanding balance on the card. The remaining balance was {$140.00}, which was the amt in dispute and no pmt required. The min. pmt was {$0.00} b/c they never sent me a bill for the month of XXXX. I only received a bill for XXXX and XXXX. The total amt owed XXXX was {$2600.00}. If I paid {$1900.00}, and of that {$1200.00} was directly allocated ( by me ) to the promo balance, that leaves {$720.00} to apply to the remaining existing balance minus the disputed {$140.00} charge from XX/XX/XXXX. I was not obligated to pay this due to the open dispute ( per the language in their letters to me ). The amt I paid was intentional. Since there was no min pymt due, any amt I allocated to the promo balance should have remained, and not re-designated by the bank, which happened here. The bank issued me a {$50.00} credit ( which they say was from my dispute ) that they applied to the promo balance which it wouldve reduced to {$560.00}. Instead, they reduced my allocation pmt ( without my consent/knowledge ) to payoff the {$140.00} remaining running balance and then the bank increased my promo balance to {$700.00}. This is NOT okay! Per their own language Youre not required to make a payment toward the disputed amt & we wont assess any related fees/interest, on the disputed amt during our investigation. The bank completely went against its own statement/policy! To date XX/XX/XXXX, I have not received a formal notice from the bank explaining why they did this to me. 

My acct was either, erroneously double-billed on XX/XX/XXXX for the same transaction which began XXXX, or the merchant in-fact wrongfully & fraudulently charged my acct on XX/XX/XXXX an additional {$140.00}, for the same amount the bank ultimately credited back to them when it reversed the previous credit. Either way there is an additional {$140.00} charge to my acct that is unexplained. Between XX/XX/XXXX and XX/XX/XXXX I received so much run-around from the bank about how to properly dispute its completely frustrating. 

XX/XX/XXXX letter dated from the bank saying after its investigation it was awarding me {$50.00} for the XXXX dispute in my favor and again considered the matter closed. It then re-allocated and changed my promo balance from {$610.00} to {$700.00} an increase of {$90.00}. I never gave the bank authority to reallocate my promotional payment. Since I was disputing the {$140.00} charge from XX/XX/XXXX, I wasnt required to make a pmt for that amt until the dispute was finalized and it separate in my recurring bill balance, which is separate from the promotional balance. At no time should that amt have been rolled into my promotional balance as that was a completely different transaction. And the bank wrongfully merged the two balances together. This, too is deceptive business practices. But this time, by the bank! I was never notified in advance of this action. To-date XX/XX/XXXX, I have received NO communication from the bank as to why they made this change WITHOUT my consent or knowledge. 

I usually pay my bill in full monthly when there is a balance. My acct has always been in good standing. I have XXXX credit. I have held this card for several years and have a $ XXXX credit line and have NEVER had any issues on my act. I purposely did not pay my acct off in full as I wanted to see how the bank was going to handle the XX/XX/XXXX dispute on my bill. This bank did not act in good faith with my better interest and made repeated gross negligent actions against my account without properly communicating whether in writing or thru the customer service phone line. To my knowledge the dispute XX/XX/XXXX ( filed XX/XX/XXXX ) for {$140.00} is an active dispute pending resolution as I do not recognize this new transaction from the merchant.