Consumer complaint received 2025-05-18 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC.
State: CA

Complaint narrative:
Consumer Financial Protection Bureau : This is a demand to remove the collection notice from the financing company XXXX XXXX XXXX in the amount of {$32000.00} plus interest charges and fees from my credit history and restore my excellent credit. 

On XX/XX/XXXX, we purchased a new XXXX from the merchant XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and Patio ( Merchant ), for {$40000.00}. The XXXX charged our XXXX XXXX for the down payment of {$8000.00}. We took out a loan of {$32000.00} with the financing company XXXX XXXX XXXX to pay for the remaining balance of the purchase. 

On XX/XX/XXXX, the XXXX had a third party deliver the XXXX  ONLY after they received the remaining balance of {$32000.00} from the loan company XXXX XXXX XXXX the day before delivery on XX/XX/XXXX. 

We were informed that we were required to " approve the purchase and credit agreement BEFORE the XXXX would deliver the XXXX. '' See attached email from XXXX XXXX XXXX ( financing company ), dated XX/XX/XXXX at XXXX. This email states that XXXX informed XXXX XXXX XXXX that " your job is substantially complete and has requested a payment in the amount of {$32000.00} from your loan account ending in XXXX. We are seeking to confirm that your job is substantially complete and to obtain your authorization to process this merchant payment request. '' They would NOT deliver if we did not sign this document, and any such statement made by XXXX to XXXX XXXX XXXX regarding " substantial completion '' is and was frivolous. The email is dated the day before delivery. As the merchant required that we authorize payment BEFORE the XXXX  would be delivered, we did so authorize, however we in no way indicated the substantial completion of the delivery. This is also stated under the section for Terms of Placing Order of the Merchant 's Terms & Conditions document ( labeled as Page XXXX of XXXX of XXXX 's documents from the pdf " XXXX Dispute '' ). Upon delivery, we did not sign a release that the merchandise was received in good condition. In fact, the opposite is true. We signed for the delivery and did not check the boxes indicating " free of damage. '' The XXXX  was damaged at the time of delivery. 

The XXXX was delivered on XX/XX/XXXX. This is the XXXX AFTER the email indicating the substantiality of delivery. It is impossible to acknowledge substantial delivery before delivery even occurs. The XXXX was delivered as follows, it was pushed off the back of the delivery truck, onto loading ramps where it slid until it impacted XXXX XXXX pieces of wood. When the XXXX hit these board, it struck XXXX XXXX and slide off the wood and up to and into the curb. The XXXX  was damaged during this process, AT THE TIME OF DELIVERY. The corner of the XXXX  struck XXXX XXXX and slid, and this is the area where the damage occurred. We video-taped this entire unloading process, including the XXXX  striking XXXX XXXX and sliding across XXXX XXXX until it impacted the curb and stopped. XXXX the video of the mishandling of the XXXX  is available at XXXX of XXXX - XXXX. The XXXX  was completely wrapped at this time, thus, it was impossible for the delivery crew or for us to see any damage until after the pool was assembled and the wrap removed. It was at this time, after the merchandise was delivered and set up, that we noticed the damage to the swimspa and contacted the merchant regarding the damage and the failure to professionally deliver the swimspa without damage or incident. The XXXX 's response to our claim by stating that the damage does not affect the functionality or integrity of the XXXX. Thus, the XXXX is acknowledging that the XXXX is damaged. See communication of text messages with XXXX. Given the XXXX 's response, we notified the Merchant we were refusing to accept delivery on XX/XX/XXXX ; the XXXX refused to take the item back. The XXXX refused to replace the damaged XXXX  when we asked for an undamaged XXXX. 

We purchased a new item and expected an undamaged XXXX with professional delivery. That was not the case. In fact, when the delivery driver first arrived, he had XXXX others to unload the XXXX, but he left and came back shortly thereafter, with additional assistance he found somewhere to help with moving the XXXX  up the driveway and into the backyard. The delivery company did not show up with sufficient crew members to move the XXXX feet by XXXX feet XXXX. 

The Terms and Conditions provided by the XXXX states that it will provide exchanges, however they refused to do so when we asked for an undamaged XXXX. Thus, the XXXX refused to abide by its own Terms and Conditions. They refused to exchange ( replace ) the damaged XXXX  that they damaged. It was at this time we indicated we were refusing delivery and when the XXXX refused to take the item back. The XXXX Terms and Conditions also states that for custom orders " I must take delivery within 21 days of the product arriving. '' The product arrived damaged, because of the negligence of the delivery crew, and as such we indicated we wanted an exchange and when that was denied we refused delivery within the 21 days. The Terms and Conditions states that this purchase is a custom order. The XXXX XXXX also indicates that the XXXX  will be free from defects, yet the swimspa was damaged by the delivery crew thus it was defective. 

XXXX 's response to the claim with XXXX indicates that the concerns raised by the customer were addressed. Yet the swimspa was delivered damaged as a result of the negligence of the delivery crew. We requested a new, undamaged product which is what we purchased. We did not purchase a used or refurbished swimspa. The XXXX indicates the product was not damaged or defective, yet it was and we have a video of the swimspa striking and sliding on XXXX XXXX and sliding into the curb where the impact stopped the swimspa from sliding further. This caused the damage/defect. As indicated above, neither customer nor delivery crew indicated the swimspa was " free of damage. '' The Merchant addresses cleaning of the swimspa in its response, yet conveniently fails to address the damage and defect. They claim there was " no indication of a defect or that the item was not described. '' This is false. We notified the XXXX of the damage/defect immediately and sought return or exchange. The XXXX refused to take the item back. 

We did not sign any specific form showing we " accepted the merchandise was received in good condition without defects at the time of delivery. '' In fact, the XX/XX/XXXX, document ( labeled as XXXX XXXX of XXXX of XXXX 's documents from the pdf " XXXX Dispute '' ) from the XXXX referencing that we accepted delivery, is contradictory. This document has a signature with the waiver as referenced, yet the boxes above are not checked indicating the swimspa was delivered " free of damage. '' Why? Because the swimspa was damaged. If the swimspa was free of damage, the boxes indicating such would be checked. This signature line is an invalid clause that is not conspicuous, and which contradicts with the check boxes indicated " free of damage. '' Furthermore, this clause is merchant favorable given the contradictory language written on the document itself. The lack of checking the " free of damage '' boxes and signing the document with a contradictory clause should be read against the party that drafted this document in accordance with the law ( XXXX XXXX ). We signed that the product was delivered, however, we did not indicate that the item was delivered " free of damage. '' To boot, the delivery crew also did not indicate that the swimspa was delivered " free of damage '' as clearly stated in the same waiver wherein we acknowledge delivery of the swimspa. As such, neither us nor the delivery crew acknowledged that the swimspa was delivered " free of damage '' because it was not. 


XXXX of the third parties that works with the merchant informed us that the company has a bad reputation in conducting business. Indeed, this merchant has a slew of complaints against its business practice reported on the Better Business Bureau in the attached report. 

We filed a claim with the financing company XXXX XXXX XXXX on XX/XX/XXXX after attempts in trying to resolve the matter with the merchant XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and Patio for delivery of a damaged swimspa on XX/XX/XXXX. XXXX XXXX XXXX did not address our claim, but instead sent notices of collection on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. We submitted documents in support of our claim to XXXX XXXX XXXX on XX/XX/XXXX and again on XX/XX/XXXX and have followed up on XX/XX/XXXX and XX/XX/XXXX, but have not received a response. Thus, this is a demand to remove the collection notice from the financing company XXXX XXXX XXXX in the amount of {$32000.00} plus interest charges and fees from my credit history and restore my excellent credit. 

We have also filed a claim with the credit card company XXXX for a demand in credit of {$8000.00} for the same item. 

Pictures and video are imperative as they show that the item was damaged during the delivery. It is evidence establishing the basis of this claim, showing the pool was dropped off the truck onto the ramps, struck the ground, slid, and impacted the curb causing damage to the swimspa. This damage was due to the negligence of the delivery crew and a new swimspa was requested and when denied we refused to accept delivery and the XXXX refused to take the item back. 

XXXX of transactions : We purchased a new swimspa on XX/XX/XXXX. 
XXXX charged our XXXX credit card for {$8000.00} on XX/XX/XXXX XXXX requested remaining payment of {$32000.00} from financing company XXXX XXXX XXXX on XX/XX/XXXX. 
The swimspa was delivered XX/XX/XXXX. 
We discovered the damage XX/XX/XXXX. 
We pointed out the damage on XX/XX/XXXX at XXXX P.M. and sought an undamaged swimspa from XXXX. 
On XX/XX/XXXX, XXXX refused to provide an undamaged swimspa. 
On XX/XX/XXXX we then refused delivery, however, the XXXX, refused to take the item back. 
We filed complaint and claim for chargeback with XXXX on XX/XX/XXXX and followed up on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 
We filed claim for chargeback with credit card company XXXX on XX/XX/XXXX and in communication with XXXX on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 
We filed claim for chargeback with financing company XXXX XXXX XXXX on XX/XX/XXXX and followed up on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 

Please see attachments referenced in our response provided as support. Due to the size of the XXXX documents, we will forward the attachments in separate files.

Company response to consumer: Closed with explanation