Consumer complaint received 2018-09-28
Company: Resurgent Capital Services L.P.
State: FL
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 are correspondences that set out the nature of this dispute - the underlying issue is that XXXX XXXX failed to stand behind two ( 2 ) billing disputes that were fraudulently made and perpetrated upon me via false inducement and misrepresentation. I disputed each claim with voluminous information provided to XXXX XXXX. Many calls and much documentation was supplied to XXXX XXXX to demonstrate that the disputes were legitimate and that the creditors acted with unclean hands in a fraudulent. manner. The text of the letters that follow show some of the issues at hand. Now, I learn that XXXX XXXX has " transferred my account '' to a service called Resurgent Capital Services. Acct.Ending XXXX. Current Owner XXXX XXXX XXXX. Reference ID : XXXX Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, SC XXXX To : XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, Utah XXXX Attn : Billing/Disputes From : XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, FL XXXX XXXX XX/XX/2017 I wish to close my credit card account with your institution. I have been an excellent credit card patron, paying my card balance regularly and reliably. 

I have, on XX/XX/2017, requested by telephone, that my credit card account be closed. 

I wish that my credit report reflect that the account was " closed at the consumer 's request. '' I also request written confirmation of the account 's closure. 

I am closing this account due to the fact that authorized and disputed. This writer contacted the Purser 's desk and engaged in a ship-to-shore telephone conversation with the travel agent to dispute and unauthorize this charge. The fact that XXXX offered a drastically reduced rate to passengers similarly situated in stateroom types equal to that of this writer, creates a unfair and discriminatory charge, unjustly enriching travelers with similar stateroom types who paid only {$190.00} while negatively disadvantaging this writer. A senior advisor at XXXX XXXX indicated that this writer supplied more than enough evidence to support reversing this charge, however the fact that this writer remain on board the ship would negate the refund. Clearly, the fact that this writer attempted to unauthorize the charge by contacting the Purser 's XXXX XXXX failed to properly adjudicate two ( 2 ) separate disputes in my favor after both merchants were proven by submission of voluminous documented and incontrovertible evidence to have fraudulently, discriminatorily, and improperly charged my card. 

A filed dispute with XXXX XXXX through XXXX was supported by written evidence by this writer to show that the said merchant failed to supply the accommodation that was pictured in his XXXX posting and additionally supplied a rental unit that was not only substandard, but dangerous. This writer did not utilize the accommodation to the extent paid for, had to stay with others, and communicated both complete dissatisfaction and request for refund overtly to the merchant. 

A filed dispute with XXXX XXXX - XXXX XXXX was supported by written evidence by this writer to show that the said merchant indiscriminately charged a significantly higher rate to this passenger while supplying most passengers an extremely reduced rate for the same stateroom type. A change in advertised ports-of-call ( after booking ) due to a severe propulsion issue on the ship caused XXXX to offer passengers drastically reduced rates of {$190.00} if they cancelled their booking and then rebooked. While passengers who were loyal to XXXX and did not cancel after the notification of the port change, paid the full price of {$6200.00}. This writer only learned of the discriminatory practices after being on board the ship at sea. This writer made XXXX aware of the fact that the charge was undesk and by completing a ship-to-shore telephone call to dispute the charge constructively constitutes " leaving the ship '' since it is impossible to leave the ship while it was at sea. 

*Under the Credit Card Accountability Responsibility and Disclosure ( CARD ) Act, this XXXX  XXXX ( or any credit card ) company can not compel payment of the outstanding disputed balance. If XXXX XXXX elects to report this matter to any credit bureau, legally, XXXX XXXX will be required to notate the fact that this balance is an amount that its customer/cardholder does not believe they owe. 

Disputes and Unauthorized Charges under : Federal law 15 U.S.C. 1643 limits a cardholders liability to a maximum of {$50.00} for unauthorized charges. That being said, under the statute, and according to the Fair Credit Billing Act, the customer/cardholder is protected against charges for goods and services that have not been delivered as agreed upon. 

The law provides that the customer/cardholder may withhold payment of any balance due on goods/services purchased with a credit card, provided he/she has made a good faith effort to return resolve the problem with the merchant. 

Final and full payment of my actual balance owed is included. 



Sincerely, XXXX XXXX XXXX XXXX XXXX/XXXX Dispute Upload # XXXX I have just sent added documents that show that the disputed rental was listed by XXXX XXXX as that being a unit on XXXX XXXX in XXXX. 

My payment was via XXXX XXXX to XXXX via the Internet site that depicts the XXXX XXXX unit as the one for which {$3000.00} was paid on the date indicated. 

We NEVER stayed or even entered the XXXX XXXX unit. 

XXXX XXXX defrauded us with a substitute place that was not on our XXXX contract. 
See attached. 



Mr. XXXX subsequently switched out the XXXX XXXX unit for which I paid with a unit in another area ( XXXX XXXX ) that was completely substandard and virtually uninhabitable. 

Previously submitted documents ( to XXXX XXXX ) support the fact that the XXXX unit was on the fourth floor ( with an inoperable elevator/lift ). Ostensibly, because the unit is in the XXXX, the fourth floor is now the fifth floor, and there were two flights between each floor making us have to climb 8 to 10 flights. We were assured, before and at the time of booking, that the XXXX XXXX unit had a working elevator. Since we were hornswoggled by being swapped into the XXXX XXXX unit for which we did not pay, there was no working elevator in the XXXX XXXX unit. 

Additionally, there were non-functioning the lights in the XXXX XXXX unit. There was virtually no light at night! This fact forced us to vacate the unit to stay with newly made friends from a class ( at the XXXX XXXX of XXXX XXXX ) where I was taking classes. 

Additionally, a sliding glass door fell out of its casement onto me. Additionally, there were leaks in the apartment building that caused disruption. 

XXXX XXXX - please advise VISA that I AM NOT paying this {$3000.00} bill as Merchant ( XXXX XXXX ) AGREED TO REFUND. In fact, XXXX ALSO pledged a refund. See uploads! 

I will litigate this! 

XXXX XXXX XX/XX/2017 Please be advised that my credit score was recently improperly reduced by XXXX XXXX. I had a disputed matter with XXXX XXXX and I have paid ALL properly charged balances due and owing to the XXXX  XXXX credit card company. 

I sent a certified letter notifying XXXX XXXX that they had failed to resolve and rectify two ( 2 ) fraudulent charge ( s ) on my credit card ; and therefore, I was canceling my card after paying the FULL balance due and owing less the disputed amount. I consulted with an attorney who advised me to undertake those steps. Prior to taking those steps, I had supplied to XXXX XXXX voluminous supporting documentation to set forth the events surrounding the fraud perpetrated upon me. Additionally, I engaged in countless communications with XXXX XXXX credit card company representatives, who, at the time, and each time, agreed that the actions of the merchant/vendor was/were unethical/fraudulent. However, XXXX XXXX nonetheless refused to remove the disputed charges. I had no choice but to contact legal counsel to submit all documentation as proof and to cancel my credit card and to pay the full balance less the disputed charges. 

From the time of that dispute until now, I have attempted multiple times to rectify the matter with XXXX XXXX by communicating telephonically with representatives who, each time, affirm that the charges seem unethical and fraudulent. However, no documentation or resolution is forthcoming that obviates the need for their ongoing attempt to collect on a paid card less the disputed fees. 

In retaliation, XXXX XXXX recently facilitated the lowering of my credit score. I am here by notifying all of the credit reporting agencies that the lowering of my credit score is wholly unjustified and unsubstantiated based upon the fact that it centers upon the amount in dispute upon an unpaid balance. 

I have also filed ( this date ) a complaint with the XXXX XXXX XXXX XXXX of the United States government and I have been advised that the matter will be adjudicated to the full extent of the law. 

Kindly reinstate my previous credit score of XXXX. 

XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX, FL XXXX SS # ending XXXX XXXX

Company response to consumer: Closed with explanation