Consumer complaint received 2022-09-15
Product: Credit card or prepaid 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: U.S. BANCORP (NC)

This complaint is in response to the inaccurate information provided by Elan Financial letter dated XX/XX/XXXX where they still state merchandise never received or delivered by XXXX XXXX was received. Their own words. Elan has an inadequate dispute resolution and investigation process as evidenced by our recent experience see complaint # XXXX. Letter signed by XXXX indicates " On XX/XX/XXXX we denied your dispute claim as we determined you received the services rendered '' which is false. 

Complaint : Elan Financial XXXX  XXXX XXXX has a flawed/inadequate dispute resolution process which disregards information provided documenting erroneous transactions where merchant failed to provide services/merchandise purchased. Cardholder rights are consistently ignored as investigation only considers evidence of purchase rather than were goods and services actually provided! 

Via the CFPB portal I received a response to complaint # XXXX from Elan Financial Services dated XX/XX/XXXX which contains false information. From their letter currently on portal On XX/XX/XXXX, we denied your dispute claim for XXXX in the amount of {$1900.00} as we determined you received the services represented in the transaction. We never received the gazebo and it was not installed by XXXX which was the basis of the charge back. 
In spite of my many attempts to communicate with Elan Financial dispute staff as outlined in my prior correspondence and complaint # XXXX, Elan never considered the cardholder rights to receive credit for merchandise never received. Our experience with Elan was so heinous we actually had to travel from residence in XXXX XXXX NC approximately 150 miles roundtrip to XXXX XXXX NC XXXX XXXX on XXXX XXXX to personally obtain credit for gazebo never delivered by XXXX in amount {$1900.00}. When we presented our request and information to XXXX at customer service desk, very same information previously provided to Elan, she apologized profusely and quickly provided credit. 
Elan dispute staff ( my records indicate XXXX, XXXX and XXXX XXXX would never listen to us or consider same information which is very troubling. My requests to have dispute escalated were ignored. XXXX, at XXXX XXXX, further commented that due to consistent problems with vendor, XXXX XXXX no longer does business with XXXX XXXX. Had Elan ever taken the time to contact either XXXX or XXXX XXXX they would have learned same information and should never have denied our request for credit. Instead, Elan staff stated we are relying on MasterCard to resolve dispute hiding behind their failure to protect cardholder rights! Elans only information they made this erroneous decision with was a receipt of purchase of gazebo dated XX/XX/XXXX. Purchase of merchandise was never in question, delivery to XXXX XXXX and installation by XXXX was the issue. Merchandise never received! 
Why would XXXX, independently of Elan, issue us credit in the amount of {$690.00} on XX/XX/XXXX if the merchandise had been delivered and installed? Those facts in of themselves document merchandise was never received by cardholder. And yet on XX/XX/XXXX Elan reversed the provisional credit saying the dispute was resolved. Really? Further insult in the XX/XX/XXXX response to prior complaint said XX/XX/XXXX decision to reverse provisional credit was we received the services represented. In spite of compelling documentation Elan blatantly ignored cardholder information substantiating cardholder rights. The only way we actually received the credit we were entitled to was a long drive to vendor site since Elan Financial staff ignore cardholder documentation. Elans blatant lack of consideration and regard for cardholder rights is truly astounding! 
A quick review of current CFPB database reflects 362 consumer complaints. A review of XXXX XXXX XXXX  website reflects 1,165 complaints in just the last 12 months for Elan and a rating of XXXX out of XXXX. XXXX XXXX reflects a current rating of XXXX out of XXXX stars for Elan. The most recent complaint on their system was no protection from unauthorized charge just 2 days ago. I guess no one should be surprised! 
I am formally requesting the CFPB initiate an investigation into the failed dispute process currently in place at Elan Financial as their current practices in no way protect cardholder rights. I am maintaining all of the records and documentation to support this most recent unacceptable cardholder experience and would gladly answer any questions regulatory staff might have along these lines. As a former XXXX XXXX XXXX with Federal Reserve Bank, 5th District headquartered in XXXX, VA I have not seen such mishandling of consumer/cardholder rights. Elan management needs to be held into account for inadequate investigations by dispute personnel ignoring cardholder rights.