Consumer complaint received 2023-04-26
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
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 am providing 2 levels of detail. The first part explains my issue with the merchant for whom I paid my initial deposit of {$4000.00} for my pool building project using my Bank of America Visa credit card. 

The 2nd part explains how Bank of America is handling a dispute in a negligible manner for the deposit of {$4000.00} charge that turns out to be a scam/fraud. 


Part # 1- On XX/XX/2023 I contracted with XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) at a total price of {$42000.00} to purchase & Install a XXXX XXXX XXXX XXXX. I paid a {$4000.00} Initial deposit to secure the contract and towards ordering the pool. 
Per the contract schedule, the XXXX XXXX pool was supposed to be ordered, delivered, and installed by the end of XX/XX/2023. Fusion pool agent XXXX XXXX XXXX XXXX XXXX XXXX ) and his brother XXXX XXXX both visited my yard and confirmed that they are the authorized installer of the XXXX XXXX XXXX XXXX  and offer/own manufacturer warranty on the shell, gel coat, etc. XXXX also stated that he purchases his fiberglass pools from XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX  accredited business ) to reduce his pool buying cost and stated he works with them due to his father was a friend of XXXX XXXX and XXXX owner in the past. 

On XX/XX/2023 I requested XXXX to provide me proof of order confirmation and delivery date before he begins the excavation along with the permit and blueprint of excavation. XXXX said he will provide me with that information in a few hours as he did not have that details on his phone. We agreed that without those official proofs, he will not start excavation in my yard. 

As of XX/XX/2023 It has been almost 4 months & since XX/XX/2023, I have not heard back from XXXX. I called him several times, texted him endlessly, emailed him, and pinged him on XXXX, XXXX XXXX, and XXXX XXXX  app ( His official fiberglass installation listing page ). I have a pending dispute with my credit card company and I believe he is aware of this as well. He has not responded to me or come and meet us since he appeared last at my property on XX/XX/XXXX. 
I contacted the XXXX XXXX Fiberglass Pools corporate office directly to check on my order status, where I found that there was never an order placed for my pool by Fusion Builder, Affordable XXXX XXXX XXXX, XXXX XXXX, or XXXX XXXX XXXX XXXX. Basically, there is no pool ordered for my home.XXXX  also confirmed that XXXX is NOT in their authorized installer directory and never he was in the past. They suggested filing a complaint against him for using their name. 
I contacted XXXX XXXX XXXX XXXX to find out about my pool and the company, and they confirmed that they never heard of XXXX or XXXX name before, and also, they do not buy XXXX XXXX XXXX for any of their customers. They also suggested filing a police complaint about the company. 
XXXX has not performed any work at my yard, neither ordered the pool nor created a blueprint or permit work for excavation. He simply took my {$4000.00} and disappeared. He is a true scam!!. 
His XXXX page is removed, his website as Affordable Waterscape is no longer available, and his phone number goes straight on Voice message. XXXX should refund my money rightfully and as he knows there wasnt any work done nor the pool was ordered. 
But unfortunately, he chooses to disappear and ran away with my {$4000.00}. 
He is a thief! 


Part # 2 - Bank of America Credit card dispute team is handling my dispute very poorly and in a negligible manner. 


I paid the XXXX XXXX a {$4000.00} initial deposit on the basis that they would start by ordering the fiberglass pool and start the project as dated according to the contract. I felt more secure while using the credit card to save myself from the pool company scammers nationwide in case of anything goes sideways. 

Unfortunately, as stated in the complaint above the pool builder indeed turned out to be a scam/thief. He charged me the initial deposit money and never showed up for the work ( 4 months passed already ) after the contract was signed. He has not returned my phone calls or text message or emails. His website and XXXX listing are removed where I initially contacted him from. His phone # goes to the straight voice message. There is zero communication from the seller after I requested him to send me the proof of the fiberglass order confirmation. He did NOT start the project. There were no services rendered in this contract. I understand per the contract that the deposit is non-refundable in case I chose to cancel the contract once the project was started or the pool was ordered. However, in my case, it's crystal clear that I did not receive any services as mentioned in the contract. The seller did not order my pool from the manufacturer neither seller has contacted me back with any explanation for not showing up or not providing me the proof of purchase. 
Despite that nightmare that I am already dealing with the seller, Bank of America is being blind and negligent in collecting my money from the seller who is a true example of a scam. 
Bank of America has already been denied by dispute twice on the basis that the seller has rendered the services. However, they are not understanding or analyze the documents I sent already twice that the seller has disappeared without even starting a job. He has not ordered the pool nor started any work according to the contract. He has disappeared and has not been reachable for 4 months already. 
I am not sure how I stretch this further but this is a scam and Bank of America is promoting scammers by simply ignoring the facts and paying them without obligating merchants to provide proof of services that are being rendered before making a denial decision. Which in my case is zero.

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 monetary relief