Consumer complaint received 2022-06-03
Company: TD BANK US HOLDING COMPANY
State: GA
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 opened an account with TD Retail Card Services via XXXX XXXX on XX/XX/XXXX to finance a phone. I never received any information on this account. I still have no documentation or the physical card, despite telling multiple customer service representatives this. I moved at the end of XXXX, but I also had mail forwarding and the mail notification system on, so even if it was sent late, it wasnt sent. On XX/XX/XXXX, I got a notification that my credit had a late payment reported. I went and looked because that was very strange, as I am pretty neurotic about paying bills. I saw it belonged to TD Retail Card Services. I called the customer service line, as I had no way to access the account to pay - I didnt even have the account number. ( I still have not received any information, paperwork, or cards for this account, beyond my account number. ) I saw late fees had accumulated as well. I went ahead and updated my address verbally with the customer service agent at this time to make sure I got all future correspondence. The representative asked if I would like to make a payment, I let her know I would make a payment when I got paid on XX/XX/XXXX. On XX/XX/XXXX, I made a payment of {$230.00} toward the XXXX statement. On XX/XX/XXXX, I had {$980.00} in my account, which is more than enough to cover the payment. I also never got a notification to my phone from my bank that it was declined, which I receive with every declined purchase. 

When I looked into the declined charges with my bank, they had no record of the declined payment. I was never notified of this, and I was charged a returned check fee, despite it being a direct pull, not a check. At the end of XXXX, I noticed the declined payment. I thought it was weird for the reasons previously mentioned, but it wasnt worth the hassle, so I waited until I got paid, as XXXX was tighter financially, so I could pay it in full again. On XX/XX/XXXX, I paid {$280.00}. On XX/XX/XXXX, I had {$870.00} in my bank. I went to pay my monthly payment in XXXX, and I saw it had also been declined, according to the invoice provided by XXXX XXXX XXXX XXXX, and all of these had been reported to my credit agency. Unfortunately, I never was contacted again. The TD Retail Card Services phone system that customers can make payments through still says it went through. I contacted TD Retail Card Services on XX/XX/XXXX to discuss this, as it was weird that it had happened twice. Finally, on XX/XX/XXXX, a man by the name of XXXX XXXX of XXXX, Florida, who called from XXXX and claimed to be a representative of TD Retail Card Services. I was very sick that week, so I returned his call on XX/XX/XXXX. 


During our call, XXXX said he had mailed me a letter since he hadnt heard back - had I seen it? I said I hadnt yet received it. Looking back at my invoice, it is my old address that is on all my invoices, including after speaking to XXXX XXXX and giving my current address. I let XXXX XXXX know my address had been previously updated when I spoke to the last customer service representative, and he said it didnt matter because I had enrolled in virtual billing by the time I spoke with him. However, this still meant that if invoices were sent, they were sent to the wrong address. I let XXXX XXXX know that I work some nights and work a lot, so I hadnt yet been able to call him back until then. To my recollection, he did not notify me that the recording regarding the debt was being recorded, nor that it was an attempt to collect debt. XXXX XXXX said he looked into my claim that the returned check fees were correct and had concluded that it wasnt an error on TD Retail Card Services. He wouldnt expand any further or provide documentation. XXXX XXXX said he couldnt help me further. I verified verbally that it wasnt my bank ; he told me that it must be. He said he saw I had been called. I told him I hadnt, but asked for the phone number to verify. XXXX XXXX gave me the phone number and it had been the caller who had been calling me XXXX times a day since XX/XX/XXXX and just stayed silent every time I answered and didnt leave a voicemail. After that phone call, I did more digging and talked to my bank and looked at statements. My bank has no history or documentation of declined payments. The XX/XX/XXXX statement reflects my payment made on XX/XX/XXXX. The XX/XX/XXXX statement was sent to me on XX/XX/XXXX at XXXX PM. There is no mention of the payment bouncing, and the statement 's new balance reflects the payment. This statement is for the billing period of XX/XX/XXXX to XX/XX/XXXX. The next statement, sent to me on XX/XX/XXXX at XXXX pm, shows a returned check fee. I was never notified of this, other than this XX/XX/XXXX statement, which was for the billing period of XX/XX/XXXX to XX/XX/XXXX. At the time of the statement, the payment was already considered late, as the payment was due XX/XX/XXXX. XXXX XXXX claimed that this counted as notification of the bounced payment, despite it being too late to fix anything at that point. I asked him what I could do to dispute further or who I could talk to that was higher than him. XXXX XXXX said I had done all I could and that there was no one higher than him. 

Despite XXXX XXXX claiming he spoke with my bank, XXXX Bank, and confirmed the declined transactions, XXXX Bank has confirmed no one can see declined transactions past 24 days prior. This means XXXX XXXX could not have discussed confirmed the declined transactions with my bank, XXXX Bank, like he claimed to me and in my file, as it was not possible. To review, my first claim was acknowledged as received and being worked on on XX/XX/XXXX at XXXX AM. 24 days prior to this date was XX/XX/XXXX. XXXX XXXX did not contact me until XX/XX/XXXX at XXXX PM. So even if XXXX XXXX contacted my bank that day, XX/XX/XXXX, he couldnt have discussed either the bounced amount from XX/XX/XXXX or XX/XX/XXXX. I also confirmed with XXXX Bank that they keep documentation of contact from credit card companies regarding clients, and they have none from TD Bank, TD Retail Card Services, or XXXX XXXX himself. XXXX Bank also verified they would need my permission to discuss my account with any outside party, which includes, but XXXX XXXX to, XXXX XXXX and XXXX XXXX XXXX XXXX. I would like to note that XXXX XXXX verified to me verbally that he did, in fact, discuss this with my bank. This was confirmed to be in my TD Retail Card Services account by a separate customer service representative. 

TD Retail Card Services has also violated the Fair Debt Collection Practices Act by harassing me via phone call. They have called me XXXX times a day almost every day since XX/XX/XXXX from the number XXXX. XXXX XXXX, a TD Retail Card Services representative, confirmed this was TD Retail Card Services calling. However, every time I answered, no one would speak, and when I missed the calls, they wouldnt leave a voicemail. I work some night shifts, which I did share with XXXX XXXX, and this has disrupted my sleep. This has also disrupted my work day. As of today, XX/XX/XXXX, I have been called by this number XXXX times since XX/XX/XXXX. The calls started as usually XXXX calls per day, sometimes XXXX, then grew to be consistently XXXX times a day. I have received no voicemails from this number. TD Retail Card Services has also sent invoices, per them, to the wrong address at least once, as my address was never updated on my invoices. Every invoice to date has the incorrect address on it. I have also made written requests for validation of all these charges, and they are continuing to contact me, while also not providing me with validation other than XXXX XXXX XXXX. XXXX XXXX refused to provide documentation and just kept telling me he looked into it. 

On XX/XX/XXXX, I gracefully offered arbitration instead of going directly to suing, as I had already consulted with an attorney and they recommended starting with an attempt at arbitration, then pursuing further legal action if it was declined. At this point, I am willing to make a deal, which will be required to be in writing and my legal team will review before I sign it. I will pay what I owe, which is {$740.00}, in full by XX/XX/XXXX. I will also pay an additional {$100.00} out of good faith, for a total of {$840.00}. You will remove the late payments from my credit. I will forfeit ability to open an account with you again. How this will benefit you is I will not post on social media about this period I can sign a XXXX if you would like. I also will not pursue legal action. You all will receive the {$740.00} I truly owe and the {$100.00} and will not have to deal with me again, nor will have to deal with a lawsuit ( possible class action ) or the reaction on social media. I will not make any more reports to any agency, including but not limited to the FTC or consumer financial protection bureau. This will benefit me as the false report to my credit will go away, I will not have to take the time off from work to pursue legal action, including but not limited to your clerical errors or violations of the Fair Debt Collection Practices Act, and the harassment will stop. However, my attempts at arbitration were avoided by TD Retail Card Services employee, XXXX XXXX, who refused to discuss this with me and chose to call me at a time he knew I would be unavailable on XX/XX/XXXX at XXXX PM, then closed the case on XX/XX/XXXX, per the customer service representative I spoke to on XX/XX/XXXX, and wouldnt answer his phone. His voicemail was full as well. He waited XXXX days prior to closing with only XXXX attempt at connection ( without telling me via voicemail he would do so ), knowing I wasnt available to return his call, as it was explicitly stated that it was not my best mode of communication due to my work hours, but I would call him back. I did see on my statement I could call TD Retail Card Services to figure out a mutually beneficial agreement because this has been very stressful. XXXX XXXX would not answer his phone and his voicemail is full. I tried calling another representative, XXXX, but it was just a bunch of transferring that led no whe prior to speaking with me on XX/XX/XXXX, even though I notified XXXX XXXX that I would call him back when I could and a better way to contact me was via email due to my work schedule ( emergency medicine ) not permitting me time to do so until today, XX/XX/XXXX. XXXX had called on XX/XX/XXXX. XXXX also was called by another customer service agent I spoke to on XX/XX/XXXX named XXXX, and she was unable to reach him as well. XXXX directed me to the XXXX XXXX XXXX XXXX line and assured me someone there would be able to help me. I was forwarded to another Customer Care Line, where the representative continued to say XXXX looked into it and he couldnt help me further, per my record. He also said that the only way to get late payments off credit reports is to dispute the late payment at each credit bureau, and that TD Retail Card Services is unable to remove any late payment charges. Not unwilling - unable. This was something that XXXX XXXX had also said during our first conversation. Per the law, this is untrue and was deceptive in nature. This conversation was recorded by TD Bank, as well as myself. 

Additionally, despite myself telling TD Retail Card Services that I had spoken to legal aid, they made no attempt to get any information for the legal aid and continued to communicate with me. 

Until the XX/XX/XXXX statement, my credit limit had been {$2200.00}. In the XX/XX/XXXX statement, it appears TD Retail Card Services lowered my credit limit to {$620.00}, which is lower than the initial financing amount, even without the incorrect late charges and returned check fees. 

Unfortunately, it appears I did have the money in my account, and per the XXXX I see I am not the only XXXX with this issue. Regardless, I did offer arbitration prior to suing and reporting. I thought it was fair for both sides, and saves us both a lot of time and money. However, all attempts to communicate and arbitrate have been avoided by XXXX XXXX, a representative of TD Retail Card Services.

Company response to consumer: Closed with non-monetary relief