Consumer complaint received 2017-12-31
Company: BARCLAYS BANK DELAWARE
State: MD
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX XXXX Member Retired from the XXXX and worked 13 years for the XXXX XXXX Prior to being contacted by the XXXX XXXX marketing department in XXXX XXXX I owned XXXX XXXX points prior to the last contract fraudulently sold of XXXX points. The company denied my claim XX/XX/XXXX, hiding behind the oral representation clause as well as declining in XX/XX/XXXX just after the rescission period. Because I was told to call the XXXX desk in XX/XX/XXXX to cash in points for a non-existent program, the company was able to dodge the rescission period. 

On XX/XX/XXXX this article was published detailing the reports of XXXX XXXX XXXX and retired military. My story was included in the article. 

XX/XX/XXXX The sales agent that fraudulently sold me the XXXX points, XXXX, called and said they will talk to corporate. XXXX said he was responding to my email and I reminded him the email was eleven weeks old that I sent to XXXX. 

XXXX said he will talk to me on Tuesday, XX/XX/XXXX, but there is nothing to talk about. The complaint is detailed below. 

Contract disputed : XXXX points purchased XX/XX/XXXX Purchase price {$76000.00} {$15000.00} down payment {$61000.00} financed at 11.99 % Location of purchase in, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX agent : XXXX XXXX Supervisor XXXX XX/XX/XXXX Email to XXXX XXXX Advocacy To XXXX XXXX Consumer Advocacy XXXX XXXX XXXX XXXX I was sold XXXX points based on deceit and bait and switch. I am asking that my last contract be rescinded, the loan cancelled and all monies from the last transaction refunded. 

I had been happy with XXXX and my other contracts until the last purchase. I was told at a Virginia sales presentation for XXXX members, by XXXX XXXX sales agent XXXX XXXX, traveling with the XXXX XXXX XXXX XXXX SALES TEAM, that because of a special program only available to those who have been XXXX for five years or more, by purchasing an additional XXXX XXXX points, I could take advantage of a special offer and never again have to ever pay maintenance fees. He illustrated the program on paper. He described how the additional points would be doubled and if I chose to cash them in, they would cover all maintenance fees. In addition, I would still have points left over, more than I had before. 

This last purchase will bankrupt me because this is not a way to pay for maintenance fees and it hasnt given me double points. It was a classic bait and switch. I was told I would have XXXX points after this additional purchase. Instead I have XXXX more points than the original XXXX I owned ( now XXXX ). My husband was with me XX/XX/XXXX and will attest that he could not follow the logic of what I was being told and sold. XXXX XXXX implied this program had been launched to help raise funds for XXXX and that XXXX was interested in having me participate because I would be purchasing points, and freeing up room inventory when I cashed points in. He explained the program as a way to show gratitude for my being a loyal XXXX member. 

I could not find anyone to confirm the program and ended up contacting XXXX XXXX. She told me about XXXX  new CLARITY program which is about accountability, transparency and respect for the customer. Numbers dont lie. The numbers above are what I was told. 

XXXX also told me about XXXX XXXX Consumer Advocacy program and advised me to contact the Advocacy department. She provided me a link to the story of XXXX XXXX, a Virginia resident who was sold a program identical to the one described above. XXXX XXXX was told if she purchased additional points, she would be able to pay maintenance fees and have points lift over. 
XXXX XXXX XXXX Please contact me by XX/XX/XXXX before I file complaints with : The Better Business Bureau The Attorneys General of Maryland, Virginia and Nevada ( I am a Veteran with a XXXX ) The Real Estate Division of Florida against XXXX XXXX The Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX After numerous calls from XXXX XXXX XXXX sales office, my husband and I decided to attend a workshop ( as XXXX Marketing Specialist XXXX XXXX XXXX called it ) to be held nearby at the XXXX XXXX XXXX in XXXX, Virginia. We went to the workshop hosted by the " XXXX XXXX Sales Team from XXXX XXXX, '' XX/XX/XXXX. Since it was called a workshop, we had thought it would be attended by a group of members. When we walked in, there were several tables. A few couples came, but the couples were separated. 

I signed a contract to purchase XXXX XXXX points on XX/XX/XXXX, and was told this was a special offer for XXXX members who had been XXXX for more than five years. XXXX XXXX said in the workshop I would receive double points which could be used to pay for maintenance fees while still putting me points ahead. He illustrated his calculation on this presentation paper. Starting in XX/XX/XXXX, he said I would be able to cash out points and use the monies received to cover all or some of maintenance. He explained the new program was also an advantage to XXXX because when I ashed in points I freed up inventory. I was told I could call XXXX, tell them how many points I wanted to cash out, and they would send me a check. I could use that check to pay my maintenance fees and still be points ahead. 

I returned the contract the next day XX/XX/XXXX. I called ahead and said the contract was too costly for my budget. When I arrived, I was presented a new contract with more favorable terms, which I signed. I was told, that by buying XXXX points I would end up with XXXX points. 

XXXX points I owned prior to the workshop XXXX XXXX x XXXX ( double points ) = XXXX The new contract showed that the annual maintenance fee was the same amount as the annual loan payment. I was sold this program as a way to totally cover maintenance fees and have points left over. The agent agreed with my statement : So my heirs will inherit the points and by cashing in some points they will have no annual expense? In 10 years, once I paid off the loan, my heirs would inherit the point Collections and would not have to pay out of pocket any maintenance fees. When I asked the manager XXXX how soon I could cash in points to pay maintenance fees he said XX/XX/XXXX. I was told I should call the XXXX line and tell them how many points I wanted to cash in. 

I went on travel immediately after, and told numerous people about my deal. When I got too many incredulous responses I tried to reach my salesman XXXX XXXX, both through his resort at XXXX XXXX, and through the sales offices at XXXX XXXX and XXXX XXXX / XXXX XXXX. No one would give me his number. The XXXX XXXX desk said to phone XXXX XXXX ; I couldnt reach him there. I asked the sales office at XXXX XXXX for assistance on the day I was leaving for XXXX XXXX. The agent assured me he would help and would be in contact the next day. He never called. 

At XXXX XXXX, the Concierge said it was my right to take advantage of all gifts XXXX was offering, and that because I had just purchased, she encouraged me to see the renovated resort at nearby XXXX XXXX and to accept the gifts and the meeting. At the meeting the agent was apoplectic. He asked, WHY DID YOU DO THIS? YOU HAVE PURCHASED A POINTS BASED CONTRACT AND YOUR MAINTENANCE FEES WILL KILL YOU. I explained the new program. He told me there was huge lawsuit going on and I was mistaken. He left the room and brought in his manager. He asked me to repeat my story to his manager. The manager also said there was no such program. The agent contacted XXXX corporate and had me speak to a relative of his who worked in contracts. She also said there was no such program. The agent left the room. When he returned, he returned, he hustled me out of the office and said the meeting was over, there was nothing he could do. 

When I got home XX/XX/XXXX, I contacted XXXX XXXX and explained what I understood and said no one had heard of the program he described. XXXX XXXX said it basically would work as he had described and I should let him re-explain it, but, if I really didnt want it, he would look into it. He never contacted me. I wanted to cancel the contract. He said I should reconsider. He did not say we could not cancel so I texted him later that night but had no response. I faxed a letter of request to the rescission team the next day, XX/XX/XXXX, and after a week and several follow up calls, received a call back that said I was past the rescission date. 

I was not aware of the seven day rescission period because the separate piece of paper that should have been included in the XX/XX/XXXX contract XXXX was not included in my new paperwork. When I contacted XXXX and asked for the rescission information, I was sent a screen shot of the purchasers non-waivable right to cancel for the XX/XX/XXXX contract Number XXXX. As the XX/XX/XXXX contract was revoked, I had not bothered with that piece of paper. 

The program I thought I was getting is entirely different from what I got. From XX/XX/XXXX, I spent 10 hours with the XXXX XXXX XXXX. Based on the math the team provided, I understood what they hyped but it wasnt what they sold. 

I had been happy with XXXX and my other contracts. I have been just sick to death, losing weight and sleep. This has become a nightmare.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation