Consumer complaint received 2024-12-14 00:00:00
Product: Money transfer, virtual currency, or money service — Money order, traveler's check or cashier's check
Issue: Confusing or misleading advertising or marketing — 
Company: BOK FINANCIAL CORP
State: NM

Complaint narrative:
I XXXX XXXX, a XXXX XXXX XXXX XXXX, XXXX XXXX, was on XXXX seeking an editor when XXXX XXXX contacted me and forwarded a list of his credentials, also re-directing me to his website, XXXX He then sent a contract/service agreement. 
Agreement attached. 

XXXX XXXX representing XXXX, signed a contract/ agreement and collected {$3000.00}, advertising under section 5 A. that our collaboration would be from XX/XX/XXXX to XX/XX/XXXX. The dates advertised nor the collaboration were provided. I'm attaching the contract/ agreement, emails, and a copy of the actual work schedule performed, verifying the infraction. 

On XX/XX/XXXX XXXX XXXX cashed an Official Check from XXXX XXXX XXXX in the amount of {$1500.00} from the remitter, XXXX XXXX XXXX . This ratified the stipulation in the service agreement under section 5 A.

A prepayment of {$1500.00} ( in US dollars ), representing one-third of the final total Fee for the project, is to be paid by the Client to the Editor as a deposit when this Service Agreement is signed by the Client and returned to the Editor.

Upon receipt of the signed Service Agreement and the deposit, the Editor will book and hold the work dates in his schedule for completing his work on the project.

The dates were not held as per the contract as shown in his own words. 
XXXX XXXX Wed, XX/XX/XXXX, XXXXXXXX XXXX Hello, XXXX -- The end of XXXX is here -- but Im afraid I got severely sidetracked in the past few weeks with some family matters that encroached on my time -- and I could really use another week or ten days to finish up the editing job for you in the best manner possible, for both the book content and the back cover. I hope that this delay doesnt mess up your plans for the books publication and release in any significant way. My apologies for not meeting the deadline!

ORS 646.638. 1 The Unlawful Trade Practices Act prohibits many practices, most of them involving some form of deception or misrepresentation by the seller, I was contractually led to believe that XXXX XXXX and I would be collaborating solely on my manuscript from XX/XX/XXXX until XX/XX/XXXX. This involved, deception and misrepresentation, by the seller.

An additional prepayment of {$1500.00} ( in US dollars ), representing one-third of the final total Fee for the project, is to be paid as a deposit when the Client delivers to the Editor the full draft of the manuscript ready for editing. This full draft is due to be delivered by the Client to the Editor on or before XX/XX/XXXX. 

On XX/XX/XXXX XXXX XXXX cashed an additional official check from the 'XXXX XXXX XXXXXXXX for the sum of {$1500.00} US dollars from me XXXX XXXX pursuant to this stipulation in the contract agreement.

A final payment of {$1500.00} ( in US dollars ), representing one-third of the final total Fee for the project, is to be paid by the Client within five days after the fully edited manuscript has been delivered by the Editor to the Client, and approved by the Client. This fully edited manuscript is due to be delivered by the Editor to the Client on or before XX/XX/XXXX. 

XXXX XXXX Wed, XX/XX/XXXX, XXXX XXXX Hello XXXX -- Sorry I missed your phone call last evening -- sorry also for this long extended delay on finishing up XXXX XXXX XXXX -- I just got myself way too overbooked with editing projects that need finishing up, plus continued intrusions from other responsibilities -- we had XXXX XXXX XXXX  on the XXXX and my wife and I have needed to help look after the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Plus our churchs pastor had me preach the sermon at our church on the XXXX while he had to be away, and thats something I rarely do, and had to spend a huge amount of time preparing for. HOWEVER I am back at editing XXXX XXXX XXXX this week, and I really hope to be able to finish up by some time next week.

The contract/agreement stipulated under section 3 that a full copyedited and proofread draft was to be delivered on or before XX/XX/XXXX. 
3. DELIVERY AND PROJECT SCHEDULE The schedule for completion of the Editors work is as follows.

The Editor is to deliver to the Client the following content component ( s ) : full copyedited and proofread draft ; scheduled delivery of such component ( s ) by the Editor to the Client is to be on or before XX/XX/XXXX by means of electronic mail in the following format : XXXX XXXX file ( s ). 

RE : XXXX XXXX XXXXfinished EDIT XXXX XXXX XX/XX/XXXX, XXXXXXXX XXXX Thanks again, XXXX, for the privilege of working for you on this project, and for your hard work in bringing your story onto the written page, and especially for your faith in the Lord and your knowledge of Gods Word that is so evident in this story.

The statement from the XXXX XXXX XXXX email further confirm that XXXX XXXX was not working exclusively on my manuscript as I was led to believe and purchased under section 5. A in the contract/ agreement. Upon receipt of the signed Service Agreement and the deposit, the Editor will BOOK and HOLD the WORK DATES in his schedule for completing his work on the project. 

The XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX email confirms that what I paid for and we both signed was sixty six days in breach. 

On XXXX XXXX XXXX XXXXXX/XX/XXXX at XXXX XXXX XXXX XXXX XXXX wrote : Thanks much, XXXX XXXX for getting back to me with your concerns about the edit for your unique and appealing book. So in the attached files ( including the XXXX XXXX XXXX ), I have definitely corrected the things you pointed out that were clearly my mistakes. 
One hundred and ninety days after collecting a retainer for a stipulated deadline, and twelve days after forwarding the manuscript entitled, Finished edit, XXXX XXXX admits in writing that there are mistakes, Plural, that I the author, not the editor, had to point out, which were clearly his fault.

ORS 646.607 reads in part : ( 2 ) Fails to deliver all or any portion of real estate, goods or services as promised, and upon request of the customer, fails to refund any money that has been received from the customer that was for the purchase of the undelivered real estate, goods or services and that is not retained by the seller pursuant to any right, claim or defense asserted in good faith. This subsection does not create a warranty obligation and does not apply to a dispute over the quality of real estate, goods or services delivered to a customer ; I believe that these statements prove that the contract/agreement was breached several times. On XX/XX/XXXX, I forwarded a demand letter to XXXX XXXX for full reimbursement of the {$3000.00} I paid him. Starting on XX/XX/XXXX, I contacted the XXXX XXXX XXXX XXXX three times, in which XXXX XXXX continued his charade. On XX/XX/XXXX, I filed a complaint at the XXXX XXXX XXXX XXXX XXXX, in which XXXX XXXX deceived the court into believing that the contract stated that the case had to be heard in Oregon. XX/XX/XXXX, I filed with the Oregon Attorney Generals office.

Company response to consumer: Closed with explanation