Consumer complaint received 2021-07-27
Company: Bread Financial Holdings, Inc.
State: WA
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 recently filed a complaint via the CFB ( see below ). I am NOT happy with the outcome and I believe the bank is clearly NOT following the law and reading the supporting documents to the claim provided and I wish to pursue this further. 

In regard to my most recent complaint and request for a refund ( services were never rendered as company went bankrupt ) my bank, Comenity Capital Bank informed me that I had to file a credit card dispute within 60 days. The 60 day time-limit suggested by my bank in the response I received is on chargeback code such as XXXX XXXX & XXXX. 
Source : XXXX XXXX XXXX The chargeback dispute I submitted is a Visa chargeback XXXX Chargeback time limits associated with XXXX XXXX can change if the merchandise or services were expected to be provided after the transaction processing date. For example, the purchase could be for plane tickets that would be used months after the initial transaction. Which means the dispute may be issued : 120 calendar days from the last date the cardholder expected to receive merchandise or services. 120 calendar days from the date the cardholder was told that the merchandise or services wont be provided. The dispute can not exceed 540 calendar days from the transaction processing date Source : https : //chargeback.com/visa-chargeback-time-limits/ As I informed the CFB and my bank in my initial complaint ( COMPLAINT ID XXXX ), the time limit for making a claim should start from the date you were expecting to receive the service/trip not from the purchase date, given you are buying something to be delivered in the future. I've provided all documentation to prove initial trip was set for XX/XX/XXXX then rescheduled due to international travel restrictions/border closures to XX/XX/XXXX then quickly changed ( by XXXX  ) to XX/XX/XXXX and finally ( by XXXX  ) to XX/XX/XXXX. 

I believe the bank is not following the law/charge back code and it is their intent to delay this process and push it out so that I can not be refunded. 

XXXX XXXX  ( a travel agency ) went into administration and became formally bankrupt on XX/XX/XXXX. It was at this stage I became aware that I would not receive the services/trip that I paid for. According to online sources, this is when the 120 days should begin. I first reported the dispute on XX/XX/XXXX. I sent the insolvency letter from the administrator XXXX as evidence along with multiple documents showing the purchase and delay and finally the cancellation of the trip which I purchased with XXXX. 

Please see the Companies House business page for XXXX XXXX clearly showing that the company is liquidated XXXX XXXX XXXXXXXX According to my bank Comenity XXXX Visa : If the travel provider is unable or unwilling to assist you with refunding the charge to your credit card, one of our Care Center associates can file a dispute on your behalf If you are unable to resolve your concern directly with the merchant, please consider initiating a dispute - Which I have done several times ( XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and again XX/XX/XXXX via CFPB as Comenity ( the bank ) was NOT reading supporting documents and denying my refund stating I was covered by travel insurance via XXXX  - this is NOT true and after the initial denial I worked with XXXX  and showed proof I was NOT covered by travel insurance via XXXX  as I am not a XXXX XXXX. I showed proof that this was incorrect and yet the bank did not read any supporting documentation and kept denying the claim stating I was covered by insurance and now it's a different reason to deny my claim - I'm out of the timeframe ... .why did they not state this in the beginning? They are doing all they can to frustrate me and deny my claim but XXXX has worked with multiple clients who purchased the SAME trip and were able to get their refund due to the laws that protect this type of purchase! 

Source : XXXX : XXXX Original complaint to the CFB : COMPLAINT ID : XXXX SUBMITTED ON : XX/XX/XXXX I booked a group vacation with XXXX based , The XXXX  XXXX XXXX on XX/XX/XXXX. I was scheduled to travel to XXXX with them on XX/XX/XXXX XXXX XXXX postponed my trip on XX/XX/XXXX, due to COVID travel restrictions/closed borders. As you can see from the email, the dates of my trip changed to XX/XX/XXXX, back to XX/XX/XXXX then to XX/XX/XXXX as COVID stopped the trips from going ahead due to border closures. 

*Please see the emails sent by XXXX XXXX confirming my original trip date and amount paid and also emails showing my trip was moved to new dates with same payment amount XXXX XXXX went into administration and became bankrupt on XX/XX/XXXX. It was at this stage I became aware that I would not receive the services that I paid for. 

*Please see the attached email sent to me by the insolvency practitioners, XXXX XXXX XX/XX/XXXX, informing me of the administration. 

Under the Fair Credit Billing Act it is my right to claim a refund when the service I paid for is not received due to a company 's bankruptcy. 

I attempted to open up a chargeback dispute on XXXX using the Visa chargeback code : XXXX Merchandise services not received. 

I again made a claim with Comenity in XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and again XX/XX/XXXX via CFPB! 

Initially my bank opened up the dispute but later refused to accept it stating I was covered by Travel Insurance by XXXX  *Please see the various rejection letters from the bank I am informed from my bank, that the reason for this is that XXXX  XXXX merchant acquirer XXXX challenged my dispute with the bank on the basis that I may have been told that I was protected by XXXX XXXX financial failure insurance on their XXXX XXXX XXXXXXXX which is INCORRECT. 
I am informed that the financial failure insurance was always in place for XXXX XXXX customers but from XX/XX/XXXX XXXX XXXX were able to insure every customer globally and they changed the XXXX XXXX XXXX XXXX reflect this on XX/XX/XXXX. 
As I booked before this time, I am not insured or protected by any other method. 

When the challenge was flagged by my bank, Comenity should have given me an opportunity to show them evidence that clearly shows that I am not insured which I DID send them yet they will not look at it. 

*Please see the emails sent by XXXX XXXX stating I was not covered by insurance I resubmitted supporting documents FOUR times yet they do NOT read them. I have been able to submit the XXXX XXXX XXXX relevant to my booking which clearly shows that the financial failure insurance was for XXXX customers only. I submitted ALL supporting documents including a flowchart provided by the insolvency practitioners, XXXX which was sent to all XXXX XXXX customers. XXXX informed me that this flowchart was agreed and approved by XXXX themselves. 

*Please see the flowchart provided by XXXX XXXX notice the red box in the bottom-left corner of the XXXX flowchart clearly showing that the insurance is for XXXX customers only. 
*Please see the attached XXXX XXXX XXXXXXXX that are relevant to my booking *Please see the email from the insolvency practitioners XXXX showing that I am not protected by insurance *Please see the email from the financial failure Insurers XXXX  clearly showing that I am not insured For your reference : The time limit for making a claim should start from the date you were expecting to receive the service/trip not from the purchase date, given you are buying something to be delivered in the future. In my case this date should be my new trip date of XX/XX/XXXX. 

Alternatively, they may use the date I found out that I would not receive the trip ( 3 XX/XX/XXXX ). 

Here are Visas rules : Visa claims that a dispute must be processed no later than either : 120 calendar days from the Transaction Processing Date 120 calendar days from the last date that the Cardholder expected to receive the merchandise or services ( Not to exceed 540 calendar days from the Transaction Processing Date ). 

I have been informed by the insolvency practitioners XXXX that all credit card paying customers should go to their banks for a refund. The XXXX Government backed Civil Aviation Authority are advising me to do the same via this letter XXXX : XXXX I would like my bank to open my dispute and refund me, in accordance with the Fair Credit Billing Act which they are clearly not following!

Company response to consumer: Closed with explanation