Consumer complaint received 2018-03-02
Company: Atlanticus Services Corporation
State: NV
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
On XX/XX/XXXX, I purchased a treadmill from XXXX. I purchased this through an active promotion on that site, " No interest if paid within 12 months with a XXXX retail credit line ''. ( please see the attached cached images directly pulled from the Internet Archives at XXXX XXXX XXXX  ). These images are dated 2 weeks before my purchase, and it is the exact promotion I signed up for. 

I also have attached an image of the email from XXXX that verifies the validity of this promotion. Please let me know if I can forward it directly to you, so that you may ensure its authenticity. ) So, I clicked through the promotion on XXXX and opened the XXXX credit line. I was instantly approved for a {$2000.00} limit. 


I then completed the purchase over the phone with a XXXX associate, named XXXX XXXX and he confirmed that this promotion had been applied, 12 months with no interest. I purchased the XXXX XXXX treadmill with delivery, for a total of {$2000.00}. ( the remaining {$37.00} was placed on a credit card. ) The treadmill was delivered with no problems. 

We did not receive a statement for months after the purchase. We thought that this was strange and we called about it starting in XX/XX/XXXX XXXX we called XXXX. They stated that they didn't have any information on file for us. They said this is likely because XXXX hasn't billed it yet. They told me that XXXX tends to run behind, so we just have to wait. 

We called XXXX. They said : " Your application is here, but because it wasn't used within 30 days, it went into an archive, and we can't retrieve any information because there's no account open with us ''. 

We repeatedly called and got the same answers from XXXX XXXX. " You just have to wait for your statement, it takes time, etc. '' My credit report at the time showed no hard pull, no account existing for months after the XX/XX/XXXX purchase. Still no account, no way to pay according to XXXX and XXXX. 

I finally received the first statement in the mail in XX/XX/XXXX, and made the first payment. The next month, the XXXX statement arrived. To my surprise, there was a hefty monthly interest charge attached, 29.99 %. 


We immediately contacted XXXX, and they told us that we needed to take this issue up with XXXX, the lender instead. XXXX told us that we needed to take it up with XXXX. ( There was alot of this back-and-forth and neither entity wanted to help with this issue for weeks. ) This takes us through XXXX and XX/XX/2017. 

XXXX ( last name unknown ) from XXXX XXXX Dispute Department finally told me : " If you can get a statement from XXXX verifying the promotion you signed up under, then we can remove the interest. '' After I called and talked to XXXX XXXX at XXXX, he said that it would be no problem to send a statement over. He emailed XXXX, the XXXX dispute representative, directly. ( I've attached a PDF copy of this email ). It reads as follows : " The customer purchased their machine with the terms for 12 months of no interest. Please have the no interest applied to this customer. " This was sent to XXXX 's direct email address, which is : XXXX. 

XXXX claims to have never received this email, so it was resent by XXXX XXXX ( XXXX ) again on XX/XX/XXXX. 


We did not hear anything back from Fortiva for weeks. When we reached out to them, they claimed they needed more time to consider this issue. 


I called them a third time, and they stated that the email proof XXXX XXXX sent was not acceptable and they would not be removing the interest from our account. XXXX said they now needed a form or contract from XXXX explicitly stating the terms of the promotion, specifically the 12-months no interest. 


I immediately contacted XXXX XXXX, and he agreed he would send a form that outlines the promotion. I asked that he would please send me a copy of the form and email. He agreed, again saying it was no problem. 


XXXX XXXX never emailed me and has never spoke to me since. Fortiva claims to have never received any form or emails from him, either. 

At this point, both XXXX and Fortiva started to avoid my calls. 

I have not been able to get in touch with anybody from XXXX nor XXXX since the issue has reached this point. Total avoidance. I can reach a general associate, and they'll take a message for XXXX or XXXX, assuring me that I'll get a callback. ( XX/XX/XXXX was the latest call I've tried to make to XXXX. No callback. ) Callbacks never come, they refuse to speak to me despite me being cordial throughout this ordeal. This has been going on for months now. 

I really feel that there is some fraudulent activity going on here I signed up for terms of a No Interest promotion, and I was baited into something completely different. Now the associates from both XXXX and XXXX are avoiding me completely after months of seeking resolution. 


In all, I have placed probably an upwards of XXXX calls to both XXXX and Fortiva, trying to resolve this issue. 

The principal balance of this machine has been paid in full, per the original agreement that I purchased it under in XX/XX/XXXX, via XXXX. My final payment was made by phone on XX/XX/XXXX, in the amount of {$1200.00}. 


I have emailed and faxed a notice to XXXX stating this on XX/XX/XXXX. I've also emailed and faxed to them the same documents that I've sent to you. ( the XXXX XXXX letter again, the archived Nordictrack.com images, and the original purchase agreement. ) XXXX this principal balance, Fortiva still states that I owe {$210.00} in interest. ( There will be another statement coming on XX/XX/XXXX, with approximately $ XXXX more in interest attached. ) I have made each and every payment on time, in amounts far exceeding the required minimum. I've paid in full for the machine I purchased, but it's unfair that I should have to pay hundreds more in interest, when I signed up for a 12 months no-interest promotion. 

XXXX XXXX from XXXX has instructed XXXX  to adjust my account, but they refuse to do so.. and now they refuse to speak with me at all. I have been polite and patient during this process, but I really feel that I've been scammed, due to the associates avoiding me now. As a consumer, I'm reaching out to the CFPB in hopes that this long-running issue can be brought to resolution. Thank you.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation