Consumer complaint received 2017-10-07
Company: DISCOVER BANK
State: NY
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:
While on vacation at the XXXX XXXX in XXXX XXXX between XX/XX/XXXX, we entered into a XX/XX/XXXX membership contract that was signed on XX/XX/XXXX ( See specimen No.1 ). This contract was signed under much duress from the XXXX XXXX timeshare sales team. Even though we said no several times during the presentation, they continued to pursue us to do the contract. They did not allow us to leave the presentation room to think about it, and we were kept for over 6 hours which was an extraneous period of time that leads to coercion. Upon returning to the USA on XX/XX/XXXX, we then had time to read the contract and we realized that we had several concerns. On XX/XX/XXXX, we tried calling the merchant representative at XXXX, XXXX and XXXX to discuss cancellation and our concerns. These were the numbers listed on documents we received from the merchant and in the contract, when dialed the numbers gave disconnected voice messages. Following, on XX/XX/XXXX, we sent an email to XXXXXXXXXXXX and we received a failed delivery on XX/XX/XXXX, I re-send the email to XXXXXXXXXXXX and XXXXXXXXXXXX stating that I would like to cancel my timeshare contract. See attached the email that was sent ( See Specimen No 2 ). 
Due to an illness, we were not able to get to the post office until XX/XX/XXXX to mail the information to the vendor via certified mail. In the package, we included a letter stating that I have been trying to contact the merchant/vendor since XX/XX/XXXX and the numbers provided was giving us disconnected messages ( See Specimen No. 3 ). We further stated we were unable to find a copy of the cancellation form at the stated website XXXX that was referred to in the document provided. 
During the week of XX/XX/XXXX, we received a call from the vendor agent XXXX in XXXX XXXX who enquire why we wanted to cancel the contract. We discussed our concerns with the agent XXXX and reiterated that we would like to cancel the contract. He informed us that he will process with the cancellation and our monies will be refunded to us. Simultaneously, we filed two dispute charges one with XXXX XXXX and the other with Discover on XX/XX/XXXX. Within one month XXXX XXXX was able to close the dispute and returned the amount of money paid to the merchant from the XXXX XXXX  card back to us. However, Discover card after several dispute actions continued to rule in the merchant favor despite of us providing information from the merchant representatives and documentation showing that merchant granted a cancellation. Discover kept reporting that the merchant was saying that they were not aware of us making a cancellation, ( See specimen No.3 ). Discover kept stating that the merchant transaction appears to be valid and provide a copy of the contact and reference Clause 10 of the contract and that the merchant said that they have not receive the Discover cardholders complaint or request to the cancel the contract. Discover was provided with information in the form of an email the merchant already canceled dated XX/XX/XXXXfrom XXXX XXXX  showing the account ( see Specimen No.4 ). 
We continued to have a constant dialogue with the merchant XXXX XXXX representatives and Discover sinceXX/XX/XXXX to XX/XX/XXXX. We are constantly pushed around by both entities and promised a refund of the {$8200.00}. Finally, the merchant provided documentation inXX/XX/XXXX to show that because of the dispute process XXXX XXXX returned the money {$8200.00} to Discover card and that Discover did not transfer the {$8200.00} back to them after the dispute was completed, hence XXXX XXXX  can not refund the {$8200.00} to us as promised. In the meantime, Discover is claiming that the {$8200.00} was sent to the merchant so they can not returned the money to the card. Below is a chronology by various dates of my contact with Discover and XXXX XXXX on this matter. 
OnXX/XX/XXXX, Called XXXX XXXX at XXXX  and spoke XXXX  who told me that the contract with reference number XXXX was cancelled and I will get a refund. 
On XX/XX/XXXX, Called XXXX XXXX again this time I spoke with XXXX XXXX XXXX who told me that my contact and account was cancelled and I requested this information via email. See Specimen No 4 that was sent via email ( XXXX ) See attached email Specimem No #. 4. 
On XX/XX/XXXX, Contacted discover and was told that my dispute was ruled in the merchant favor. 
On XX/XX/XXXX, Reopened the dispute with Discover and submitted information I received from the XXXX XXXX that my account # XXXX with contract # XXXX was cancelled and that according to XXXX a notification can be provided by email and certified mail. See Specimen No #. 5. 
On XX/XX/XXXX, Requested based on the advice of the Discover representative to open an arbitration case on the dispute. 
During the month XX/XX/XXXX, Contacted XXXX XXXX and spoke with XXXX regarding my refund. She indicated that she would contact XXXX and get back to me. After several follow up calls to XXXX from XXXX XXXX, she responded on XX/XX/XXXX.

On XX/XX/XXXX, Received a voice mail message from XXXX from XXXX XXXX stating that in order to refund my money they need a letter from my banker ( Discover card ) about the dispute status in order for them to refund the money. The requested information was provided on the same date via email ( See Specimen No. # 6 ). 
XX/XX/XXXX, upon calling Discover on the status of the case they open and closed the investigation in XX/XX/XXXXand stated that are required to report my account of the Consumer Reporting Agency as a disputed account. See Specimen No. # 7 On XX/XX/XXXX, Contacted XXXX XXXX spoke with XXXX and forward the information sent to XXXX. He promised to work on my refund. 
On XX/XX/XXXX, Contacted XXXX XXXX and spoke with XXXX who was with the billing department. He stated that he sent an email to the person working on the refund to request an update on it. 
On XX/XX/XXXX, Contacted XXXX XXXX and spoke with XXXX in the Merchant services section who indicated that my refund was in progress. 
On XX/XX/XXXX, Contacted XXXX XXXX and spoke with XXXX who put me through to XXXX XXXX who reported that he would check with the sales office concerning the transaction. 
On XX/XX/XXXX, Contacted XXXX XXXX and spoke with XXXX who was informed that a representative XXXX from Discover was on the line with me. She informed both myself and XXXX from Discover that a refund will be issued between two to three weeks. This was noted in both my Discover and  XXXX XXXX account. XXXX promised to follow up. 
On XX/XX/XXXX, Called Discover and spoke with XXXX referenced the notes in the account of the promise to refund by XXXX XXXX and also promise to follow up. 
On XX/XX/XXXX, Contacted XXXX XXXX and spoke with XXXX XXXX. I expressed my disgust and the unfairness, after waiting for a few minutes he indicated that XXXX XXXX has no records of receiving the money from Discover card so they accounting department can not refund the money. 
On XX/XX/XXXX, Called Discover and spoke with XXXX. He was informed of what XXXX XXXX stated and indicated that XXXX XXXX can contact Discover merchant service who can assist them with the records and that the money was sent to the XXXX XXXX merchant on XX/XX/XXXX.

On XX/XX/XXXX, Contacted XXXX XXXX and spoke with XXXX XXXX, he reiterated that the money is no longer in XXXX XXXX account and sent via email documentation to show the money was returned to Discover ( See Specimen No. # 8 ). 
On XX/XX/XXXX, A final call was made to XXXX XXXX to speak with XXXX who said that XXXX XXXX was unable to complete the refund due to the dispute and that the money is with the Discover and they should refund the money to me. 
This situation has caused us a serious financial hardship and I surely have had regret after having entered into a contract with XXXX XXXX after been overly influenced by the merchant seller who used very unfair and deceptive practices, lies etc. for example they provided a tour of the resort XXXX XXXX XXXX tell us that our exchange potential would be a similar five star hotel upon review the exchange potential of the hotels, they were not the same. They promised that we would always get this sort of room or Better. There were several discrepancies and misrepresentations made by XXXX XXXX merchant on the contract. For example, Page 1 of 5 of the contract states that XXXX and I are married. We never stated or implied that we were married and we are NOT married. The only wording on page 1 of 5 of the contract that is written in Spanish is marital status. Why is the marital status written in spanish casado.  We speak english. This is misleading. False information on a legal contract is illegal and the practice of giving misinformation in a foreign language is deceptive. Page 4/5 of the contract under item # 17 it states that " In the event of deviation in language between the wording in foreign language and that in Spanish language, the Spanish language will prevail. '' Thus, the Spanish language of marital status " CASADO '' prevails on the contract and we are NOT married, thus, making this contract null and void. Page 5/5 of the contract is missing the representative/seller printed name. Also, the age is listed as XXXX years neither of us was that age on the date of the purchase, Thus, this makes the contract null and void as neither purchaser was XXXX years old at the time of signing on XX/XX/XXXX. Further, we were never told during the presentation of the cancellation period so we were never afforded the right to fully understand the right to cancel.We were told by the XXXX XXXX sales staff that as members, we would have hotel transportation to and from the airport. This was completely untrue as no transportation was provided when we left XXXX XXXX hotel. 
In closing, I feel that we have been exploited, push around and told numerous lies by both XXXX XXXX sales staff and Discover Card representatives. Both entities are benefiting from this since I do not know who has the money to give it back to US. In addition, Discover card is charging over {$90.00} interest monthly. This is grossly unfair to a customer who has gotten no service for this money. I would be grateful if you can investigate this and have the {$8200.00} returned to us. 
We can be reached at XXXX or XXXX. 

Thanks in anticipation XXXX XXXX and XXXX XXXX.

Company response to consumer: Closed with explanation