Consumer complaint received 2019-08-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
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:
The following is a case ( # XXXX ) that was filed with Bank of America and Mastercard. They specifically told me they can not consider photographic evidence. How do I prove that I didn't damage a car if I have photographic evidence with time stamps and location generated by a smartphone if they will not consider the photographic evidence to support my information? The case has been denied twice because they will not look on the photos to see the fraud that this car rental company is engaged in. 

This is the complaint I filed with Bank of America and Mastercard. I am happy to send the original photos with timestamp and location so you can verify all the information below. I will be sending the complaint that I had filed as an appeal directly to Bank of America and Mastercard as an attachment -- -- -- -- -- - I rented a car from XXXX XXXX XXXX XXXX. When I arrived I saw that they are known as 3 different brands : XXXX, XXXX XXXX, and XXXX. I was a bit suspicious but since I already corresponded with them online I felt it was a semi legitimate operation. At the time of rental, I was specifically advised that anything that is under 1 inch would not be counted towards damages. I pointed out many small paint chips/dings on the car, but the rental agency told me not to worry about it. 

When I returned the car, the first thing I did was to take an immediate picture of the condition that it was in ( upon return to the lot ). It is the time and location stamped at the parking lot of where I picked up the car by my XXXX. Please see below. The time stamp is XX/XX/XXXX XXXX New York time ( or XXXX XXXX time ). 

When I returned the car, and one of the attendants at the car rental agency is recording the gas and mileage driven. Please see the whole picture. The damage in question is slightly southwest of the license plate under the A ( XXXX XXXX time, XXXX New York time ) Please look at the close up zoom in of the area in question. The speck of damage is no more than 2mm, and was there when I picked it up. The attendant told me not to worry about it because it was under 1cm. ( Also XXXX XXXX time, XXXX New York time ) I went to do final paperwork with one of the attendants, and saw two of the guys from the car rental agency hover around the speck in question. And 3 minutes later, they asked me to tell them about why I damaged their car. I looked at the damage they pointed to, and it was completely different than the speck that was there just a few minutes ago. THEY DID DAMAGE TO THEIR OWN CAR TO TRY AND MAKE ME PAY FOR IT!!! That is the most sleazy behavior for a car company. Heres the evidence to prove it. 

The photo taken after they pointed out the damage in question in included, same area as before. Please note the time : XXXX XXXX XXXX time, XXXX New York time ). 

Last photo is a zoomed in version of what they claimed I damaged. It is significantly larger than the original speck of paint chip they told me not to worry about XXXX XXXX XXXX time, XXXX New York   time ). 

This entire time period I am in their parking lot post returning of the car. This is what FRAUD is. Doing damage to their own vehicles to extract extra money from the consumer. 

Look at the time and location stamp of photos 3 and 4 and compare it to Photos 1 and 2. The car rental attendants already took back the car after the initial pictures were taken. THEY HAVE TRIED TO CHEAT ME OUT OF MONEY and TRY TO GET ME TO SIGN SOMETHING TO SAY THAT I DID THE DAMAGE. I did not sign it, and told them I would call the police. In a series of emails, I subsequently wrote to them advising them that they are frauds and they kept asking for evidence. I sent them a few pictures and they claim they can not see it. This is complete FRAUD on their part. I am very lucky that I was suspicious of them as I first returned it and read it in their eyes they were going to try to scam, and took a picture preemptively to substantiate proof. I am happy to email the original photos with time stamps and location ( automatically done by XXXX ) directly to you by email. 

This manager was taking a picture of the damage THEY did and try to pin it on me.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation