Consumer complaint received 2021-01-20
Company: BANK OF THE WEST
State: CO
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
On XX/XX/XXXX, due to the location in rural North Dakota where assistance was needed, I was unable to find any readily available labor to help with removing and relocating furniture at my familys homestead. Therefore, I utilized XXXX to match a labor request with potential available movers and to receive quotes for the help I needed. The only email received from XXXX stated that my request had been matchedwith multiple movers and that they will contact me shortly with detailed quotes ( XXXXMoving Request_ XXXX ). 

As I had not received any phone calls and/or emails regarding my labor request by XX/XX/XXXX, I contacted XXXX to verify that no movers had followed through with responding to my request. I called both the number referenced in the email from XXXX as well as their customer service number ( XXXX_Phone Inquiries_ XXXX ). The information relayed to me was there was not an order related to my request in their system and if I had not signed a contract with a vendor, no further action was necessary since I had decided not to continue with finding assistance. 

Therefore, I was taken aback when I received a call from XXXX on XX/XX/XXXX at XXXX XXXX. saying that movers were onsite. I was taken aback for two key reasons : ( 1 ) I had not received any previous communications from XXXX and therefore, did not sign an agreement with them for moving assistance, and ( 2 ) no one had shown up at my location ( Security_Verification of No Arrival_ XXXX ; Movers Onsite_XXXXd Email ; Movers Onsite_Mask Protocol_ XXXX Email ). In speaking to the representative from XXXX I explained I had not agreed to any services ; I had already contacted XXXX and there was nothing in their system about XXXX being contracted for my request ( i.e., no order ) ; and no one was onsite despite the representative informing me that the movers had arrived. We were on the phone for 12 minutes ; however, we were not able to resolve any of the issues I raised. Therefore, the XXXX representative was going to get in contact with the necessary parties on his side about the confusion, including the fact that I did not post my job on/through XXXX, to try and figure out what had happened ( XXXX_Call with XXXX_ XXXX ). I never heard back from the representative. The same phone number I was told was the labors called again at XXXX XXXX. ; however, again, no one had arrived at my location at this time ( Movers_ Afternoon XXXX ). 

The XXXX representative informed me that an email had been sent to me on XX/XX/XXXX outlining the job and conditions. To reiterate, I did not post my job on XXXX and I did not receive the email the representative referenced until they emailed me on XX/XX/XXXX saying that movers were onsite. Therefore, I did not reply to the email sent on XX/XX/XXXX to confirm my receipt and agreement to this moving contract in order for them to proceed with my job as requested in the XXXX  email ( Welcome_Order Confirmation_ XXXX_Not Received ). 

Therefore, I am disputing this charge for two reasons : ( 1 ) I did not agree to receive moving services from XXXX and ( 2 ) movers never arrived at my location as XXXX indicated they had. The result of no movers arriving is that I never had a chance to utilize any services from XXXX yet I have still been charged {$780.00}. 

XXXX Update : Upon re-reviewing my email, I discovered a payment processing email sent on XX/XX/XXXX with an attached document titled Moving Helper Contract from XXXX ( Order Payment_ XXXX Email ; Electronically Signed Contract_XXXX  Email ). The discovery of this email and contract does not change my attestations as, to reiterate, I do not understand how XXXX  determined that I had contract with them for moving help based on the following : 1 ) The document states that I had electronically signed the contract ; however, it does not have my signature on the document. 
2 ) I did not receive the XX/XX/XXXX Welcome to XXXX  email. Therefore, I did not provide any confirmation/agreement to XXXX that I would be utilizing any services with them as XXXX requested at the beginning of their own email, which states : Please reply to this email to confirm your order. 
3 ) This same email also states, Please reply to this email to re-confirm your receipt and agreement to this moving contract you made online with XXXX so we can proceed with your job. As I did not visit XXXX online site, there was not any moving contract initiated or signed by me. 
4 ) The fact that I did not have a contract with XXXX is consistent with what XXXX communicated to me when I called to verify what, if any, information they had in their system. 

In addition, movers never arrived at my location ; therefore, XXXX did not provide any service for which they have charged me {$780.00}. The fact that no one arrived to provide moving assistance would not have been consistent with their contractual obligations if such an agreement existed. 

Therefore, I requested that the amount charged by XXXX by credited back to my checking account as 1 ) I did not agree to services from XXXX and 2 ) no services were provided by XXXX ( i.e., no movers arrived at my location ). However, the final decision issued by my bank has indicated that the charge of {$780.00} was not made in error and therefore, the provisional credit was reversed and the charge of {$780.00} will stand, which I do not understand based on the information and support I have provided and the basis I have for disputing the charge.

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