Consumer complaint received 2023-06-13
Company: U.S. BANCORP
State: IL
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:
On XX/XX/23, I signed an engagement agreement ( EA ) with an attorney to represent me in concluding all matters related to a case and paid {$3000.00} retainer using my Fidelity Elan Visa Card. 

Just about a couple weeks later, attorney decided he could not effectively continue representation on all matters, as indicated in the agreement. I needed to hire a new attorney who required a {$2000.00} retainer. I requested a refund of that amount ( {$2000.00} ) from the prior attorney, seeing that I'm having to pay someone else for work he signed up to do. He refused to issue the refund after several email and phone requests. So, I filed a dispute with Elan Financial Services. 

On XX/XX/23, Elan issued a provisional credit to my account and on XX/XX/23, I found out when I logged on to my account that the credit had been reversed. When I called and inquired why, I was informed that it's because the customer service representative had entered the wrong information for the dispute and that more information was needed from me. I provided the requested information and on XX/XX/23, the provisional credit was reapplied while Elan continued their investigation.

Shortly, there after, I got a letter in the mail from Elan requesting more information from me, including the contract, a letter explaining what happened and documentation of my communication with the attorney. I provided all requested information by fax on XX/XX/23 and called to confirm it was received. 

Today, on XX/XX/23, I logged on to my account and found that the provisional credit had been reversed again with reference XXXX XXXXXXXX. I called in to inquire and was told that the case reviewer XXXX indicated in the account that there was a contract and that she will call me back. I have awaited the call and she hasn't called me back. 

Elan 's decision that I should be liable for paying the full {$3000.00} amount simply because I have a contract is inappropriate. Every time a consumer purchases goods and services from retailers, there is a requirement that those services should be provided as described. In the event that the consumers do not get those goods and services as described, and if those goods and services were paid for using their credit card, they have the right to an accurate assessment of the circumstances and to provide a timely resolution. 

Elan has evidence from me that shows a deviation of the attorney from the representation he was to provide me. It is clear from the evidence that he did not. Elan also has evidence that I had to pay another attorney a {$2000.00} subsequently, and I made this payment using my Elan Visa card as well, so it is no hidden information. So then, am I supposed to pay for the same service twice, to two individuals, because the one individual who signed up to do the work decided not to complete it? 

What has happened here has been several missteps because someone didn't take their time to review the breadth of information provided to make an accurate decision. This is the second time this provisional credit would be reversed. 

I'm filing this complaint with Fidelity because my account is established under Fidelity as a Fidelity Visa card that is managed by Elan.

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