Consumer complaint received 2021-07-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
I requested reconsideration of my claim after it was wrongfully denied at the representment stage. 
On XX/XX/XXXX I initiated a dispute against merchant XXXX XXXX XXXX in the amount of {$1000.00} and was assigned Claim ID # XXXX and later received a provisional credit. 
On XX/XX/XXXX I faxed in documentation to support my claim. On XX/XX/XXXX I faxed in documentation to support my claim. 
On XX/XX/XXXX I received a time sensitive letter dated XX/XX/XXXX with another customers merchant information attached to my claim, including the customers confidential information. 
After speaking with BOA Rep. XXXX on XX/XX/XXXX making him aware of the error ; XXXX acknowledged I indeed received another customers claim information and confirmed he would upload the correct merchant information to the message center on the same day for my review and mail the correct merchant documentation to me. 
XXXX explained after I had a chance to the review the merchant documentation I would need to respond accordingly and submit a 2nd Opinion Letter on a Company Letter Head, Signed & Dated, Description of what the previous merchant had done to repair the vehicle was not done or not done properly and does not necessarily need to outline all of the details. XXXX confirmed I had 30 days to respond to the merchant because BOA received the merchants documentation on XX/XX/XXXX and I had until XX/XX/XXXX to respond to the merchant. 
XXXX stated I would receive 4 separate letters because he could only attach 5 documents at a time and the merchant documents was 17 pages. 
1|Page Undelivered Promises Between XX/XX/XXXX XX/XX/XXXX I spoke to several managers and supervisors to obtain a copy of the merchant documentation via fax, message center or by mail because I had not received the merchant documentation as promised via the message center on XX/XX/XXXX. 
On XX/XX/XXXX BOA Claims Supervisor XXXX  stated she would fax over the merchant documentation to a BOA Branch ( I provided her with the fax # ) and I would indeed receive the fax in 10 Minutes to 1 hours. I waited at the branch for over 2 hours and still did not receive the fax. BOA Claims Manager XXXX later confirmed the documents could not be fax because it had to be retracted and reviewed but I will receive the documents by mail. 
On XX/XX/XXXX BOA Claims Manager XXXX stated he would document my claim indicating I would not be able to send in the requested response information by the XX/XX/XXXX deadline because I had not received the proper documentation through no fault of my own. 
On XX/XX/XXXX In addition to BOA Claims Manager XXXX efforts, BOA Supervisor XXXX stated she would update my claim to get an extension on the XX/XX/XXXX deadline because I had not received the appropriate merchant documentation for review. 
Despite my many pleas to receive the appropriate merchant documentation that aligned to my claim I still did not receive the information I needed. 
Credit Card Denial Rationale ( 2 ) On XX/XX/XXXX the provisional credit I received was reversed and I received a letter claim # XXXX was denied conflicting with BOA Claim Manager and BOA Claim Supervisors request to extend the deadline. The letter dated XX/XX/XXXX indicated the denial reason : We didnt receive a second opinion letter. 
On XX/XX/XXXX a new Claim ID # XXXX was assigned to my dispute with a 2nd denial letter generated 2 days afterward with 1 more denial reason ( 1 ) We didnt receive a second opinion letter ( 2 ) We didnt receive documentation stating what you were supposed to receive and how it was different from what you received. 
Despite being told I would have the opportunity to review the merchant documentation and receiving another customers claim documentation through no fault of my own, deadline extension requests submitted by Claim Manager XXXX & Claim Supervisor XXXX, and my many attempts to receive the information that should have been attached to my claim 2 weeks before my dispute was denied twice within 2 days. 
On XX/XX/XXXX a new Claim ID # XXXX was assigned to my dispute. This would mark the 4th Claim ID. 
2|Page On XX/XX/XXXX BOA Claims Supervisor XXXX confirmed BOA Claims department had received faxed information including the 2nd Opinion Letter. 
On XX/XX/XXXX I finally received the merchant documentation in mail, thanks to Claims Supervisor XXXX. 
After reviewing the merchants documents, I identified several discrepancies with the merchants claims that were not considered during the investigation : The merchant provided you with fraudulent documents marked as 1 and 2 ( RO # XXXX XXXX in which I made Claims Supervisor XXXX aware of this on XX/XX/XXXX. The merchant deceptively created a repair order diagnostic and written estimate after the date of service without my knowledge ; as I did not either of the presented documents. Additionally, the document marked as 2 indicated I allegedly owed the merchant a diagnostic fee on XX/XX/XXXX but when I returned on XX/XX/XXXX to have my car service the merchant did not inform me of this erroneous fee. ( The authentic document I received on XX/XX/XXXX has a print date of XX/XX/XXXX and was faxed to BOA on XX/XX/XXXX ) See Exhibit 1 I pointed out to BOA I did not agree to the merchants warranty terms and conditions listed on merchant invoice in my faxed documents on XX/XX/XXXX. The merchant text messaged my invoice for my XX/XX/XXXX visit and the terms & conditions reflects a 12 month or 12,000 miles warranty on the part whichever occurs first and indicated the warranty does not cover labor cost for removal, installation or damage. The merchant misrepresented the terms and condition of the warranty. On XX/XX/XXXX I discussed the misrepresentation of the merchants warranty terms with the owner and the fact that I did not agree to the warranty information listed on my invoice because that was not the information originally communicated to me. The merchant then changed the terms of the warranty to reflect 2 years/24k miles but did not remove the part of making me responsible for the labor cost for removal, installation or damage. XXXX The print date XX/XX/XXXX reflects the same date of the merchants change and the updated invoice was faxed to BOA on XX/XX/XXXX XXXX See Exhibit 2 The merchants admission to damage, on XX/XX/XXXX BOA received the merchants rebuttal to the chargeback in which the merchant stated, the original valve cover could have been leaking around the seal and it is possible to have gotten oil into that sensor. XXXX Monday XX/XX/XXXX, Paragraph ) The merchants admission explains how his service were not performed properly and aligned to documents I faxed to BOA : XXXX. XXXX XXXX XXXX : XXXX Technician Removed connection at eccentric shaft sensor and found that sensor full of oil. As indicated in the diagnostic notes, my car would not start. 
2. The 2nd Opinion Letter : Indicated It is common practice to inspect the eccentric sensor for oil intrusion during Valve Cover Replacement as a test procedure. The test procedures were not performed correctly which caused a no start situation. 
XXXX. The XXXX Manufacturer Bulletin : Indicated the customer may complain of Engine can not be started because of eccentric shaft sensor connector oil contamination. 
See Exhibit 3 3|Page On XX/XX/XXXX, the merchant indicated my no start issue was because of I needed a battery replacement as indicated in the merchant documentation ( Monday XX/XX/XXXX, Paragraph ). I communicated my battery had already been tested by the dealership and it was fine. See Exhibit 4 What I was supposed to receive and how it was different from what you received The merchant was supposed to remove my valve cover and install a new valve cover to resolve the Check Engine Light and Drivetrain  Malfunction Warning notification as indicated on the written estimate and repair invoice. I received a damaged sensor due to oil contamination because the appropriate test procedures were not performed correctly when replacing the valve cover. The merchant improper service caused my check engine light and Drivetrain Malfunction Warning to re-appear in which he stated his repair would remedy, my vehicle abruptly shifted into neutral and shut off while driving, and the vehicle would not start until the Eccentric Shaft Sensor was replaced. 
On XX/XX/XXXX On a call I was advised would be recorded by BOA ; I was told by BOA Claims Supervisor XXXX & BOA Claims Manager XXXX, that my case was in Arbitration and Bank of America does not make the decision of when the claim could be resolved. XXXX advised We ( BOA XXXX will present our facts so we are arbitrating to XXXX  why we would like this chargeback to the company and be refunded, and once visa reviewed the case, they will make a ruling. XXXX advised while you are disputing the charge you are not responsible for this part of the balance so I can minus {$1000.00} from my total balance. 
Claims Supervisor XXXX was very kind and professional however I wanted to speak with a Claims Manager regarding the merchant transaction remaining on my statement while the transaction is in arbitration when I am not expected to pay it. I wanted to get a better understanding of BOA Standard Operating Procedures. 
Claims XXXX XXXX, in my opinion, was very unprofessional, condescending ( saying as the previous supervisor already told you ), and XXXX even seemed agitated he had to speak with me and address my questions. Note : I would like to file a formal complaint about his behavior. 

Escalation to Bank of America Executive Client Advocacy Group On XX/XX/XXXX During a call I was advised would be recorded ; XXXX from Bank of America Executive Client Advocacy Group communicated my claim had been closed and she was sorry. 

Bank of America denied my claim to allow XXXX  Arbitration to resolve my disputeafter a filed a formal complaint. One day prior a Claims Manager had confirmed my dispute was going to arbitration on a recorded line afterwards the staff member in Executive Relations denied the Ckaims Manager stated it, even though the call was recorded.

4|Page

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