Consumer complaint received 2024-10-23
Product: Credit card — Store credit card
Issue: Problem with a purchase shown on your statement — Card was charged for something you did not purchase with the card
Company: Bread Financial Holdings, Inc. (CA)

I am writing in response to your letter dated XX/XX/year>, in which you requested additional information related to the mentioned account that I did not request to open. As indicated in your letter, I have attempted to resolve this matter directly with the dealership, but without success. Below, I provide the requested information : XXXX. Date of attempt to resolve with the dealership : XX/XX/year> XXXX. Transaction Details : o Transaction Date : XX/XX/year> o Dealership Name : XXXX of XXXX XXXX XXXX. Disputed XXXX XXXX : {$1200.00} XXXX. Description of the goods and/or services expected : On XX/XX/year>, we went to purchase a car, where XXXX XXXX was informed over the phone that I was looking to buy a car without a down payment since the purchase was not planned and was due to external circumstances. I was looking for a vehicle without a down payment due to having a good XXXX XXXX, and I asked what options she could offer. They sold me a XXXX XXXX. XXXX. Date the goods or services were expected to be received : Not applicable, as it was explained to the sales representative that there was no down payment available. However, at the time of signing the documents, they told us that if I acquired the GAP, which I asked about the price and was told {$1200.00}, it would not be included in the price. XXXX XXXX showed us on the screen the financing calculations where the GAP was included in the price. However, they made it seem like it wasn't and insisted that we take out the XXXX credit card to pay for the XXXX. After the transaction was made, they told us that this would be taken as a down payment, which upset us. I had already informed them of the terms of the vehicle purchase. After the transaction was completed and I signed the document, they indicated this. I spoke afterward, but the sales representative justified that she informed us, but only after the transaction was done, which is a very dishonest sales strategy. After XX/XX/year>, the sales representative continued making different changes to the purchase and sale documents, requesting more information and more things that were not appropriate after the car was sold and taken from the dealership. This is illegitimate. I appreciate your prompt attention to this matter and look forward to your swift resolution. Please keep me informed of any updates or if you require further information from me. I am at your disposal for any additional inquiries. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX Formal Response Regarding Dispute Filed on XX/XX/XXXX and XX/XX/year> Dear Comenity Representatives, I am writing to address the dispute filed on XX/XX/year>, which was initially handled by XXXX, and the second dispute filed on XX/XX/year>, attended by XXXX. Below, I outline the relevant points and add the legal basis for my claim. 

XXXX. Responsibility of the Credit Card Issuer Under the provisions of the Truth in Lending Act ( TILA, 15 U.S.C. 1601 et seq. ), the credit card issuer, in this case, Comenity, is obligated to resolve any disputes involving incorrect or fraudulent charges made to their customers accounts. This law establishes cardholders ' rights to dispute unauthorized charges, such as the purchase made under false pretenses by the XXXX salesperson. 

Section 170 of TILA : TILA states that in cases of disputes regarding undelivered or defective goods or services, the credit card issuer is responsible for investigating the claim and providing a fair resolution, which includes the possibility of canceling the disputed charge. 

XXXX. Deceptive Business Practices The sales process conducted by the XXXX salesperson occurred under circumstances of deceptive business practices, which violate basic contractual principles and the consumer protection provisions set forth in the California Unfair Competition Law ( California Business and Professions Code XXXX ). This law prohibits acts of fraud, deceit, and misrepresentation in the sale of goods or services, which applies to the sale in question. 

The purchase was presented based on misleading information, affecting my informed consent, an essential element in any contract. This vitiation of consent justifies the cancellation of the charges under the provisions of the aforementioned law. 

XXXX. Receipt of the Credit Card It is important to note that the credit card was received after my initial request made to XXXX, who was the first person to handle my dispute. The delay in issuing the card adds another element to the lack of transparency in managing my account, further reinforcing the need to resolve this dispute appropriately. 

XXXX. Request for Resolution In light of the above, I formally request, in accordance with the Truth in Lending Act and the provisions of the California Unfair Competition Law, that : The immediate cancellation of the disputed charge be processed, as it was made under fraudulent circumstances. 
Written confirmation be provided that the investigation has been completed and that I am not responsible for this charge. 
A copy of the corresponding credit card be sent, as was requested from the beginning. 
I appreciate your attention to this matter and urge you to take the necessary steps to resolve this dispute fairly and in accordance with the law. Should I not receive a favorable response within 30 days, I will be compelled to explore other legal avenues to protect my rights. 

Sincerely, XXXX XXXX