Consumer complaint received 2020-03-15
Company: AMERICAN EXPRESS COMPANY
State: KS
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
Reference Number : XXXX This is regarding my billing dispute with XXXX XXXX. I thought it would be best to issue American Express a written statement about the dispute. 

XXXX XXXX was hired to replace 7 rotting posts at our residence. They were to treat the posts with XXXX XXXX prior to installation. First of all, they forgot to treat them prior to showing up at the residence. I caught the issue prior to installation and contacted XXXX XXXX, the owners son. Initially, he didnt even remember that the posts were to be treated. I had to refer him to the e-mail where it was put in writing. Then, he agreed to come to the residence and treat them prior to installation. They treated the posts and put them in the ground the same day. 

I sent American Express XXXX XXXX instructions. First of all, XXXX treated them outside during cold weather. Second of all, the posts are supposed to soak in XXXX XXXX for 24 hours and then are to dry 24 hours prior to installation. If this isnt possible, then they are painted with one coat, then allowed to dry for 24 hours ; then another coat is applied, and they are allowed to dry for another 24 hours. Instead, the posts were buried the same day. I didnt find out about XXXX failing to follow directions until after we paid for the posts. 
When I found out, I sent XXXX fence a demand letter by e-mail on XXXX. I gave them until XXXX to reply and stated if they didnt reply with a resolution to fix the posts that I would file a XXXX and Attorneys General Report. XXXX XXXX and their office manager XXXX were both e-mailed. They failed to reply. So, I filed reports on XXXX. XXXX XXXX then showed up at my residence the following day without an appointment to complain about my reports and I didnt answer the door. Instead, I decided to get everything in writing. 

Over the course of a week, they continued to offer no resolution for fixing the fence. I spoke to their CEO name XXXX XXXX XXXX XXXX and XXXX XXXX. I have sent you copies of the entire e-mail interactions. After a week, I gave them another deadline of XXXX and stated I planned on filing a small claims court case. Instead of filing the case, I opted to involve American Express on XXXX, because it will make my life easier. American Express put the charge in dispute status and I alerted XXXX XXXX and the CEO in writing via e-mail that their funds were now frozen ; they needed to work out a resolution to fix the fence posts if they wanted their money. 
I then received an e-mail from XXXX stating the posts would be reinstalled. I stated the posts needed to be brought to our house, treated on the property over the course of several days, and then installed to ensure they were treated properly. I dont trust them due to their business behavior. XXXX XXXX never responded. I followed up with another e-mail asking when they planned on sending the utility company to the residence, because the yard would need to be marked up prior to installing new posts. I still didnt hear back from XXXX XXXX. 
The following day, I received a proposal in the mail from XXXX XXXX extending the warranty on the current posts. This wasnt what was agreed to in writing. The posts were to be treated with XXXX XXXX. We paid for XXXX XXXX. Moreover, extending the warranty doesnt ensure anything. They could easily go out of business in a year. A 10-year warranty means nothing unless I have assurance that their insurance company or bonding will pay for replacing the posts if they rot again which is highly possible. The prior fence was purchased from them about 7 years ago. The fence was to last 15-20 years ; it is cedar. Instead, 7 posts have rotted. There is nothing wrong with the drainage in our yard. It is either because of inferior wood or improper treating of the posts. So, I sent another e-mail to XXXX, the XXXX, and the AGs office showing the proposal and stating it isnt acceptable. 
I have spoken to their CEO by e-mail and have given him two choices : fix the posts as contracted or discount the current posts to {$500.00}, extend the warranty to 10 years, and send insurance or bonding paperwork so I can verify the posts will be replaced if they rot again, if the company goes out of business. I want the discount because we paid for XXXX XXXX. And, I want a discount because the prior posts rotted and they have been a complete pain to deal with over the last few weeks. 
The main reason why I am concerned about XXXX going under is the CEOs background. His full name is XXXX XXXX XXXX, XXXX. If you perform a XXXX search on him, you will find he has several open restitution cases with the Attorneys General office of Missouri : XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX  
So needless to say, I dont trust a word out of his mouth. This information has also been given to my state attorneys general, and they forwarded my case to the XXXX County District Attorneys office. 
I do not want this dispute closed until they give me a solid resolution to this dispute as well as finishing the work as required, unless the other option is agreed to. If the other option is agreed to, they will need to provide proof these fence posts will be replaced by insurance or by bonding and I will also supply American Express with the paperwork. 
I also plan on putting this dispute on file with the CFPB, primarily because it was problematic opening this dispute. I tried to file it online, and it wouldnt let me finish the process. It referred me back to another screen for another option, but then when I chose it, it would not let me move forward. I called to finish the dispute with a customer service rep, and she said it was already open and being processed. She was wrong, because the online system clearly stated it had not been finished despite a dispute number assigned to the case. I had to call back and speak to another representative. He finished filing the case for me and sent me a link to upload documents which I did. American Express needs to pull the phone conversation for training purposes and needs to properly train the first representative, because she isnt doing the customer any favors.

Company response to consumer: Closed with monetary relief