Complaint sub-issue: Problem with personal statement of dispute

To whom it may concern, On or about XX/XX/XXXX, I called the I called the XXXX phone number for XXXX XXXX XXXX for telephone sales. I spoke with XXXX XXXX in the XXXX Texas location. I purchased with my Discover Credit card ending in XXXX a Brand New XXXX XXXX mattress, to be delivered to my home. The cost for this item was {$1000.00} less a 20 % XXXX XXXX   coupon which i applied + tax = {$860.00} The mattress included a full TEN YEAR WARRANTY, AS WELL AS for any reason a 120 day exchange. The mattress a few days later, was delivered to my home, ( 2nd floor bedroom ). It was not until later that night I realized it was the wrong mattress that was delivered. This mattress has the exact same appearance as in exact same size and look and markings and detail in its appearance, but it is not the same mattress at all in the comfort level and variety of the mattress. It was not the correct mattress to the one that was ordered. I called XXXX XXXX, the next day to explain this problem and they refused to assist me to correct the problem. I continued calling XXXX XXXX for several weeks to speak with higher level managers to continue with my various complaints and to fix this concern. Still they refused to assist and also informed me that they have terminated my account within there customer system. XXXX XXXX also had removed my 10 year warranty, and also my 120 day exchange and also terminated my account from there system, so I was told. It was further proven that within the manufactured mattress and inside the zip out lining to the mattress, that there was a XXXX XXXX, 2nd hand notice inside the mattress, that shows that this was in fact also a used mattress. Please ask XXXX XXXX to produce 1 shred of evidence of anything in writing at time of purchase that would even suggest that this item was purchased as anything other than brand new. They cant, because it doesn't exist. They are a lying thieving dishonest company, that will do anything to intentionally cheat customers. 

A dispute with Discover was made against this merchant for this charge. Discover has been advised of all this information and were provided everything they asked for in a timely manner. I have complied with everything Discover has asked of me and provided all information to Discover instantly whenever it has been requested of me. After several months working with and through Discover and their dispute specialists department, Discover had ultimately refused to assist in getting XXXX XXXX to deliver to me the correct mattress or exchange this Mattress. Discover never removed this balance from my credit card account. To this day I still have never even received one call or correspondence ever from XXXX XXXX   to correct this issue. NOT EVEN ONE CALL OR ANY EMAIL CORRESPONDENCE EVER FROM ANYONE WITHIN XXXX XXXX!!. Essentially XXXX XXXX delivered to my home used and also incorrect garbage to my home and left, never to be heard from ever again. My home is not a dumping ground for XXXX XXXX   XXXX. Not one person from XXXX XXXX  has ever reached out to me to assist or correct this problem, and to date I still am waiting for my mattress to be delivered. We are now 14 months past original date of order and still I do not have my mattress that I ordered. 

Discover is claiming I MUST PAY FOR THIS ITEM, because i still have possession of the item. This responses from Discover, makes no sense to me at all. The nature of the dispute is that XXXX XXXX  never came to my house to pick it up or deliver to my home the correct mattress. I can not force XXXX XXXX to assist me correctly and they have constantly refused to do so through no fault of my own. I tried very hard to work with the merchant and they did nothing!!!! The relationship with XXXX XXXX had gotten so bad, they would no longer even take my calls. They would leave me on hold for hours, and then hang up, and would simply never come to my home to do anything to help regarding this mattress. Simply put I can not force XXXX XXXX  to assist me in this matter, and they have done absolutely nothing to assist. They simply took the money delivered a used mattress and also the wrong mattress to my home and ripped me off. 

Discover, obviously supports this behavior from the merchant and offered me zero consumer protection regarding this matter, I have consistently told Discover that i am not responsible for this charge. I ordered and purchased a brand new mattress, not a used one, and it is also the wrong mattress that I did not even order. My purchase was to also come with ten years of warranty and a 120 day exchange, both of which I never received. I would also like to include the fact that my delivered mattress has no law tags anywhere attached to it anywhere, which is completly illegal. This mattress can not even legally be sold without law tags attached. This has all been explained to Discover, still they refuse to assist me with this dispute, and are insisting that I am responsible for payment. I feel as if am being even more abused by Discover than XXXX XXXX  in this regard. Also, I would like to point out that I have had a relationship with Discover with various credit cards since XXXX, and feel they too should also be exposed for how they have treated such a long time customer. They clearly did not handle this very well and have made a bad situation a heck of a lot worse. 

Discover has continued with my balance insisting that I pay for this charge, plus interest and late fees, on my Discover account I think it is disgusting behavior that i would be delivered a used mattress to my home and to intentionally try to be deceived by a mattress and bedding company to pass it off as a new iem, and then also to be removed of warranties, and refused to have the mattress exchanged. I find even more dastardly that Discover would not assist me with this dispute that I am so clearly correct. Discover still to this day is insisting i pay for this item, and has since been adding late fees and interest fees related to this charge. Who in this world would expect to be delivered a used mattress when you pay for new by calling their USA sales number direct.

I have always my entire life had exceptional credit score in the high 700 's to 800 's. Due to this 1 charge only, and Discovers refusal to assist me with this charge, My credit has been negatively affected by almost 200 points negatively lowering my credit score. I feel i am being abused and extorted by Discover against my exceptional credit, in an attempt to force me to pay for an item that i was clearly cheated on, and I do not owe this balance. I do not want this mattress, i never did, It is simply the incorrect mattress that I do not want, and i certainly never ordered a used one. 

Additionally XXXX XXXX has also lied and invented a story claiming that i purchased a 2nd hand mattress which is not at all true. This mattress was purchased at there full advertised price at that time and sold with full warranty and exchange, and i was even handed at time of delivery a sealed plastic bag with a 10 year warranty card stating the warranty. First of all there toll free nationwide sales department only sells brand new mattresses so this is not even possible. Additionally if you were to check with the sales department to look up the history of this sale they would also explain to you that this mattress was to be a brand new item. i have done so, and apparently there departments don't communicate with each other, because the sales department has confirmed this was for a brand new item, not a used item. 

Nothing was ever emailed to me at any time that said or would even suggest otherwise. I have all original paperwork that confirms this this a new sale item. Knockdown mattresses are sold at outlet stores only as discount items and are clearly marked as such. Nothing like that exists here at all. It is simply not true. Discover has ignored all of these obvious facts. 

Discover should never had paid this merchant on this and should have done a charge back in my favor and then properly eliminated this charge from my balance. They have refused to do so, so i closed this account with Discover, and have refused to pay for this item. I know that Discover was wrong in this decision and my refusal to pay for this one charge will not change. I think its disgusting to be delivered a used bed in the first place, and then have to prove why i would refuse to pay, is even worse. Isn't that obvious. XXXX XXXX   has also lied and claimed they would pick up the mattress. This is not true at all. They made zero attempt to communicate with me at anytime.. I am demanding that Discover remove this charge from my credit card balance with all associated interest and late payments charges to be removed, and have all negative impact to my ongoing impeccable credit history be removed because of this charge. 

My credit score should never have been negatively impacted in anyway. Discover simply will not help in this matter. I have communicated with the Discover corporate office and spoke several times with many representatives. Still they refuse to assist. I have spoke with the manager XXXX XXXX of Discover and still no assistance to remove this charge from my balance. They claim since i have the mattress that i must pay. I keep telling them I dont want the mattress, i never did. the only reason that i still have it, is because XXXX XXXX never came to pick it up. This is out of my control, and a circumstance that i have no control over.. 

I should not have my credit history ruined or lowered in any way or become adversly affected because XXXX XXXX  is an unethical company and refuses to correct this problem. Furthermore, please look at and review the hundreds of similar in nature complaints nationwide against XXXX XXXX. There are whats seems to be hundreds of very nasty complaints against XXXX XXXX  for all sorts of underhanded practices. XXXX XXXX is a defunct company that is also going bankrupt and closing almost of there store locations. They have terrible reviews everywhere and ripping consumers off seems to be a standard practice. 


Discover financial Services I believe to be equally at fault in this regard, as this was a quite simple dispute, and the very reason credit card company 's have a dispute process. I have never had a more substantial dispute in my life for anything more so than in this regard. This is blatant thievery by XXXX XXXX, and very unethical standards to uphold this charge against my account and credit history by Discover Financial. Additionally I have all records of everything that can be given and proven upon request, showing that I am correct in this instance. 
If Discover will not assist me in correcting this charge. I would like for it to be known that I will moving forward against them with legal proceedings until my credit is back to its superb standing and this charge is removed.