Consumer complaint received 2021-09-30
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: TD BANK US HOLDING COMPANY (CA)

Hello. I'm not sure I picked the right choices for why I am filing this complaint but I wanted to file it anyways. Please forgive me if I picked the wrong reasons. If I need to I will file another one with the appropriate choices. What I really need is your help. I am being robbed by a furniture store as well as by TD Bank. 

Back in XXXX of XXXX, I went to XXXX XXXX to purchase some furniture. I bought several pieces and financed over {$5000.00}. I was happy with my purchase and thought everything was fine until things I've never even heard of in my life happened. The furniture was never delivered to me. I'm going trough all the documents I've been provided by the creditor and the store, the police reports filed, and my recollection of events, and nothing makes sense. What is occurring sounds so ridiculous that even I can't believe it had it not been myself who is going through this. Hopefully I can describe this in a way you can understand what is going on and why I need your help. Honestly I'm one more letter away from hiring a lawyer to help me fight this and sue Mor and TD Bank for the thieves that they are. 

As I was stating earlier, on XXXX of XXXX I purchased some furniture from XXXX. XXXX advised me it would take some time for them to deliver the pieces to me because they didn't have everything in stock and they had to wait for it to arrive from the manufacturer. I waited and I waited, but it didn't arrive. When XXXX came around I received a call asking about my first payment. I had let whoever called me know that I still hadn't received the furniture yet but I was told I still had to make a payment. If I didn't, I would be sent to collections and my credit would be ruined. I made the payments because I felt like I had no other choice. When XXXX came, I still hadn't received my furniture. What happens next is the absolute worst experience I've ever had in my life. 

On XX/XX/XXXX I ended up leaving on a trip to XXXX XXXX and I was going to be going for the rest of the week as well as the weekend. What seems to be like magic now is that the very same day I get a call from XXXX saying they are going to deliver the furniture. I advised them not to because I was not at home and I couldn't take possession of the furniture. I let them know I would call them when I was back in town so they could then deliver it. XXXX didn't listen. Unfortunately, I had to learn the hard way that they didn't listen and that they were delivering the furniture the next day when I wasn't there. The way I found out is because the house I was living at during the time was my father 's investment property. The neighbors ended up calling my father to tell them there was a truck with individuals taking furniture from the property. This is where things start to get very convoluted. More so because when I'm looking at the documents provided to me by TD Bank and XXXX  XXXX regarding this account, none of it makes sense at all. 

Once I received the call from my father telling me what was going on, I had to rush back home to try and figure out what was happening. When I get home, my house is wide open and almost ALL my belongings are gone from my house. The furniture, appliances, personal belongings, everything. I file a police report immediately but that didn't seem to help with anything. Sounds crazy right? It gets even worse. 
Not only am I possession less now, but XXXX XXXX claims they delivered the property and I had to pay for it. I try for months to fight them because I never received my property and I had a police report to prove I wasn't even home for a delivery but they kept insisting that they delivered it and I had to pay or I would be sent to collections. For a few months I do pay because I don't know what else to do, but I do eventually give up. It isn't just or fair that I had to pay for something I never received or that they delivered to " someone '' but who isn't me. 

For years I try and dispute this account with the credit bureaus, XXXX, and TD Bank, but it gets me nowhere. Finally I get in contact with a company that helps people with their credit this year. They advised I do a fraud report and and ID theft affidavit. I let the company know I already filed a police report on this but never did an ID Theft affidavit. I filled one out, notarized it, and submitted to everyone involved with this account. XXXX XXXX, XXXX / XXXX XXXX  /TD Bank , and even the credit bureaus. Just recently I receive a letter from TD Bank dated XX/XX/XXXX where they denied the fraud. They listed several key points as to why they denied the fraud but I think it's a very weak investigation and their reasons are foolish and shows how lazy they were in investigating this fraud claim. 

The first reason they give is because they say " the merchant provided a signed sales receipt and/or delivery confirmation, copies enclosed for my records. '' Well of course they provided those. I did say I purchased the furniture and I signed the purchase receipt. That is not in contention. It's the other part that really worries me and why I am very close to hiring an attorney to sue XXXX as well as TD Bank. The delivery receipt is dated XX/XX/XXXX. That is two days after I purchased the furniture. However, the signature on the delivery isn't even a signature. It's two initials which say XXXX. I am not XXXX, my initials are not XXXX, I have no relative with the initials of XXXX, and I've never had anyone living with me with the initials of XXXX. In fact, in their own merchant copy of the sales order they provided me, they have my signature as well as sections on it which have my written initials. My initials are XXXX. and they are written completely different than their delivery receipts which have XXXX  written on them. Could they not see this when they decided to provide me these documents as their so called proof? It gets even worse! in one of those documents where the XXXX  is written on the document, they have pictures of a room with the furniture installed. Those are not pictures of my house. Where did they take those pictures at? Who did they deliver this furniture to? If this is not proof of a heist or a conspiracy against me then I don't know what is. 

The second point of contention TD Bank is that " account history indicates prior acknowledgment of the account. '' Again, how lazy can you be? Of course I acknowledged the account ... As I stated many times, I did go to the store and I did place a purchase order for these items. That is not in contention and that is besides the point. The point is I never took delivery of these items. Why am I being charged for items I never received? What does my acknowledgment of having purchased the items have anything to do with this fraud claim? 

The final point of contention by TD Bank and why they denied this fraud claim is that " payments were being made on the account from XX/XX/XXXX until XX/XX/XXXX. I suppose that is my mistake. Because I was not well versed with how things worked back then, I was placed under heavy duress from Mor Furniture and TD Bank to pay for this because I didn't want my credit to be ruined and I didn't want any trouble. Looking back I know that was foolish because my credit was ruined anyways. All I can say is I was scared, and restate I wasn't quite as versed as I am now in how things are supposed to work. 

I understand these are serious allegations against TD Bank and XXXX XXXX, but what they have done to me is far more serious. Now that I have finished writing this, I am certain I will file a lawsuit against XXXX  and TD Bank if they don't remove this from my credit report at once. I should not have to pay for furniture I never received, or was stolen from me, or from what their own documentation seems to suggest, was delivered to someone else and was fraudulently stated it was delivered to me.