Consumer complaint received 2023-12-27
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: GOLDMAN SACHS BANK USA (NY)

I hope this message finds you well. 
I am submitting this complaint because I started a dispute with my Apple credit card by Goldman Sachs for a {$4000.00} payment made to XXXX XXXX XXXXXXXX a contracting company XXXX XXXXXX/XX/XXXX that did not provide the service agreed upon or completed any job as described. The dispute was reverse despite having submitted evidence that supports my claim. I helped my brother and partner, XXXX XXXX, with his home improvement renovations at his rental property by submitting a {$4000.00} payment to a XXXX using my Apple credit card, but XXXX XXXX was victim of fraud. 
I provided expert testimony, the contract, inspection report, and an inspection letter giving a direct comparison to the sales contract, it explains in detail line-by-line what the merchant did not finish or complete correctly, emails, lawsuit, counterclaim, third-party complaint, police report, litigation files explaining all the violations and the fraudulent service to the courts, pictures, and a XXXX XXXX link showing video recordings XXXX a background that XXXX XXXX got from public sources right after he found out everything after the facts, it shows that XXXX XXXX the contractor has a long history of criminal record for fencing and stealing, and any other documentation supporting. 
Regarding the merchants response, I can say that the cancellation and refund policy was not disclosed at the time of sale. Not knowing any better my brother entered a contract that did not comply with New Jersey Home Improvement contract regulations NJAC13:45A-16. The merchant falsely proclaimed a breach of contract and tried to induce XXXX XXXX to remove the disputes. Otherwise stated in the supposed breach of contract he would put a lien on the property which did not happen since work was not completed or performed. The merchant keeps insisting my brother breached the contract when the detailed description of events document in the litigation document sent by my brothers attorney explained XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX failed to properly complete the home improvements pursuant to industry standards ; failed to provide services as required by the contract ; made false representations to my brother ; and violated the Consumer Fraud Act and Home Improvement Act as more fully detailed in the document. Merchant estates my brother received the expected goods/services or encountered. As shown in the inspection report and as stated in the inspector letter drafted by a licensed home inspector, he did not receive such goods/services. As a result, he requested full reimbursement of the amount paid. As stated by my brothers attorney, " By engaging in the above conduct, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX unconscionable commercial practice of deception, fraud, and falsity or misrepresentation in connection with the sale of the service and goods in that XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX made misrepresentations of the facts, concealed facts, suppressed facts, and excluded facts to effectuate the sale of the service and goods to my brother. '' In the emails you can see that as soon as my brother questioned the merchant about the progress of the work ( email response sent XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) and advised the merchant that he would not have to pay him in full when the work was not yet completed ( email response sent on XXXX XXXX XXXX XXXX XXXX XXXX ), the merchant realized that the scam was over. The merchant tried to have my brother into a mutual release and settlement agreement and wanted my brother to pay him an additional {$8500.00} under the guise that he would forgive a remaining balance of {$22000.00} ( email sent from merchant on XX/XX/XXXX, XXXX XXXX XXXX ). Here is when my brother was convinced, he was the victim of fraud. My brother, not knowing any better, believed he owed him money but when he visited the property on XX/XX/XXXX, and confirmed the merchant did not have anything completed and did damages. He immediately took all steps necessary to mitigate his damages and report his unlawful activity to XXXX XXXX XXXX XXXX Consumer Affairs which I am also attaching to the email showing he is not licensed. XXXX, the contractor, is well aware that the home improvements were not fully completed. Despite this, he demanded payment from my brother and as my brothers attorney mentioned, Said demands are in violation. My brother have already contacted XXXX XXXX Co regarding this matter, but he is not reimbursing any funds, you can see this in the email, the evidence was sent to XXXX and is going to be included in this complaint, the reimbursement is a fair and reasonable course of action in this situation. You can also read the tenant 's letters ; they are witnesses to what occurred. Once my brother refuted the merchant about not paying him more money when he demanded the merchant himself stated he did not wish to work with him anymore ( email response sent on XX/XX/XXXXXXXX XXXX XXXX XXXX ) and that he would move forward with what he needed to do for the situation. Merchant mentioned that " a breach entitles him to the full contract amount. '' when no job was completed. The merchant failed to provide the service when he left the job unfinished and unsafe. He did not know how to orchestrate the job. He proclaimed maliciously to having completed the job. The merchant contacted my brother by email on XX/XX/XXXXXXXX XXXX XXXX XXXX, and he responded on XX/XX/XXXX, XXXX XXXX XXXX, requesting him to resolve the claim and asking for reimbursement. My brother also solicited specific information regarding what was purchased, and copies of all documentation about these transactions including invoices and the warranties. My brother officially terminated him from the job and let him know about the damage he caused and that he left the work project incomplete. The merchant responded dishonestly by attaching a breach of contract that he drafted himself and falsely claiming he was going to put a lien on the property and suggesting my brother to release the disputes otherwise he will have to assume the consequences. My brother did not receive any credit slip or chargeback approval letter from the merchant to prove they agree he is due credit for this {$4000.00} charge. Documentation that supports my position has already been submitted to the email address XXXX Please, note that Apple Credit Card was utilized as part of a more significant payment made to XXXX XXXX XXXX My brother paid the total cost upfront as per the balance of the contract. The job the merchant started is not finished, and he did not provide the service they agreed upon in the contract. XXXX did nothing correctly at my XXXX house and didn't repair things. 

I am going to include XXXX XXXX XXXX XXXX XXXX XXXX XXXX  dispute results in which the provisional credit issued to the account is now permanent. Apple credit card should have the provisional credit permanent according to consumer protection they offer and in this case for uncompleted job and poor workmanship. 

Please, know that on or about XX/XX/XXXX, the state of New jersey revoked the license for XXXX XXXX co which it can be seen at my brother 's attorney filing document submitted to the NJ  court. Referred page 11 and EXHIBIT " J '' I would appreciate it if Apple Credit Card by Goldman Sachs could expedite a permanent adjustment process. Please keep me updated on the progress. If you require any further information, please feel free to reach out to me. 

Thank you for your attention to this matter. 

I look forward to a prompt resolution.