Consumer complaint received 2022-06-14 00:00:00
Product: Credit card or prepaid card — General-purpose credit card or charge card
Issue: Problem when making payments — You never received your bill or did not know a payment was due
Company: TD BANK US HOLDING COMPANY
State: GA

Complaint narrative:
I opened an account with TD XXXX  Card Services via XXXX XXXX on XX/XX/XXXX to finance a phone. I never received any information on this account. I still have no documentation or the physical card, despite telling multiple customer service representatives this. I moved at the end of XXXX, but I also had mail forwarding and the mail notification system on, so even if it was sent late, it wasnt sent. On XX/XX/XXXX, I got a notification that my credit had a late payment reported. I went and looked because that was very strange, as I am pretty neurotic about paying bills. I saw it belonged to TD XXXX  Card Services. I called the customer service line, as I had no way to access the account to pay - I didnt even have the account number. ( I still have not received any information, paperwork, or cards for this account, beyond my account number. ) I saw late fees had accumulated as well. I went ahead and updated my address verbally with the customer service agent at this time to make sure I got all future correspondence. The representative asked if I would like to make a payment, I let her know I would make a payment when I got paid on XX/XX/XXXX. On XX/XX/XXXX, I made a payment of {$230.00} toward the XXXX statement. On XX/XX/XXXX, I had {$980.00} in my account, which is more than enough to cover the payment. I also never got a notification to my phone from my bank that it was declined, which I receive with every declined purchase. When I looked into the declined charges with my bank, they had no record of the declined payment. I was never notified of this, and I was charged a returned check fee, despite it being a direct pull, not a check. At the end of XXXX, I noticed the declined payment. I thought it was weird for the reasons previously mentioned, but it wasnt worth the hassle, so I waited until I got paid, as XXXX was tighter financially, so I could pay it in full again. On XX/XX/XXXX, I paid {$280.00}. On XX/XX/XXXX, I had {$870.00} in my bank. I went to pay my monthly payment in XXXX, and I saw it had also been declined, according to the invoice provided by TD XXXX Card XXXX, and all of these had been reported to my credit agency. Unfortunately, I never was contacted again. The TD XXXX Card Services phone system that customers can make payments through still says it went through. I contacted TD XXXX  Card Services on XX/XX/XXXX to discuss this, as it was weird that it had happened twice. Finally, on XX/XX/XXXX, a man by the name of XXXX XXXX of XXXX, Florida, who called from XXXX and claimed to be a representative of TD XXXX Card Services. I was very sick that week, so I returned his call on XX/XX/XXXX. During our call, XXXX said he had mailed me a letter since he hadnt heard back - had I seen it? I said I hadnt yet received it. Looking back at my invoice, it is my old address that is on all my invoices, including after speaking to XXXX XXXX and giving my current address. I let XXXX XXXX know my address had been previously updated when I spoke to the last customer service representative, and he said it didnt matter because I had enrolled in virtual billing by the time I spoke with him. However, this still meant that if invoices were sent, they were sent to the wrong address. I let XXXX XXXX know that I work some nights and work a lot, so I hadnt yet been able to call him back until then. To my recollection, he did not notify me that the recording regarding the debt was being recorded, nor that it was an attempt to collect debt. XXXX XXXX said he looked into my claim that the returned check fees were correct and had concluded that it wasnt an error on TD XXXX  Card Services. He wouldnt expand any further or provide documentation. XXXX XXXX said he couldnt help me further. I verified verbally that it wasnt my bank ; he told me that it must be. He said he saw I had been called. I told him I hadnt, but asked for the phone number to verify. XXXX XXXX gave me the phone number and it had been the caller who had been calling me three times a day since XX/XX/XXXX and just stayed silent every time I answered and didnt leave a voicemail. After that phone call, I did more digging and talked to my bank and looked at statements. My bank has no history or documentation of declined payments. The XX/XX/XXXX statement reflects my payment made on XX/XX/XXXX. The XX/XX/XXXX statement was sent to me on XX/XX/XXXX at XXXX PM. There is no mention of the payment bouncing, and the statement 's new balance reflects the payment. This statement is for the billing period of XX/XX/XXXX to XX/XX/XXXX. The next statement, sent to me on XX/XX/XXXX at XXXX pm, shows a returned check fee. I was never notified of this, other than this XX/XX/XXXX statement, which was for the billing period of XX/XX/XXXX to XX/XX/XXXX. At the time of the statement, the payment was already considered late, as the payment was due XX/XX/XXXX. XXXX XXXX claimed that this counted as notification of the bounced payment, despite it being too late to fix anything at that point. I asked him what I could do to dispute further or who I could talk to that was higher than him. XXXX XXXX said I had done all I could and that there was no one higher than him. Despite XXXX XXXX claiming he spoke with my bank, XXXX XXXX, and confirmed the declined transactions, XXXX XXXX  has confirmed no one can see declined transactions past 24 days prior. This means XXXX XXXX could not have discussed confirmed the declined transactions with my bank, XXXX XXXX, like he claimed to me and in my file, as it was not possible. To review, my first claim was acknowledged as received and being worked on on XX/XX/XXXX at XXXX XXXX. 24 days prior to this date was XX/XX/XXXX. XXXX XXXX did not contact me until XX/XX/XXXX at XXXX XXXX. So even if XXXX XXXX contacted my bank that day, XX/XX/XXXX, he couldnt have discussed either the bounced amount from XX/XX/XXXX or XX/XX/XXXX. I also confirmed with XXXX XXXX  that they keep documentation of contact from credit card companies regarding clients, and they have none from TD Bank, TD XXXX  Card Services, or XXXX XXXX himself. XXXX XXXX  also verified they would need my permission to discuss my account with any outside party, which includes, but XXXX XXXX to, XXXX XXXX and TD XXXX Card Services. I would like to note that XXXX XXXX verified to me verbally that he did, in fact, discuss this with my bank. This was confirmed to be in my TD XXXX  Card Services account by a separate customer service representative. TD XXXX Card Services has also violated the Fair Debt Collection Practices Act by harassing me via phone call. They have called me XXXX times a day almost every day since XX/XX/XXXX from the number XXXX. XXXX XXXX, a TD XXXX Card Services representative, confirmed this was TD XXXX  Card Services calling. However, every time I answered, no one would speak, and when I missed the calls, they wouldnt leave a voicemail. I work some night shifts, which I did share with XXXX XXXX, and this has disrupted my sleep. This has also disrupted my work day. As of today, XX/XX/XXXX, I have been called by this number XXXX times since XX/XX/XXXX. The calls started as usually two calls per day, sometimes one, then grew to be consistently three times a day. I have received no voicemails from this number. TD XXXX Card Services has also sent invoices, per them, to the wrong address at least once, as my address was never updated on my invoices. Every invoice to date has the incorrect address on it. I have also made written requests for validation of all these charges, and they are continuing to contact me, while also not providing me with validation other than XXXX XXXX word. XXXX XXXX refused to provide documentation and just kept telling me he looked into it. On XX/XX/XXXX, I gracefully offered arbitration instead of going directly to suing, as I had already consulted with an attorney and they recommended starting with an attempt at arbitration, then pursuing further legal action if it was declined. At this point, I am willing to make a deal, which will be required to be in writing and my legal team will review before I sign it. I will pay what I owe, which is {$740.00}, in full by XX/XX/XXXX. I will also pay an additional {$100.00} out of good faith, for a total of {$840.00}. You will remove the late payments from my credit. I will forfeit ability to open an account with you again. How this will benefit you is I will not post on social media about this period I can sign a NDA if you would like. I also will not pursue legal action. You all will receive the {$740.00} I truly owe and the {$100.00} and will not have to deal with me again, nor will have to deal with a lawsuit ( possible class action ) or the reaction on social media. I will not make any more reports to any agency, including but not limited to the FTC or consumer financial protection bureau. This will benefit me as the false report to my credit will go away, I will not have to take the time off from work to pursue legal action, including but not limited to your clerical errors or violations of the Fair Debt Collection Practices Act, and the harassment will stop. However, my attempts at arbitration were avoided by TD XXXX Card Services employee, XXXX XXXX, who refused to discuss this with me and chose to call me at a time he knew I would be unavailable on XX/XX/XXXX at XXXX XXXX, then closed the case on XX/XX/XXXX, per the customer service representative I spoke to on XX/XX/XXXX, and wouldnt answer his phone. His voicemail was full as well. He waited eight days prior to closing with only one attempt at connection ( without telling me via voicemail he would do so ), knowing I wasnt available to return his call, as it was explicitly stated that it was not my best mode of communication due to my work hours, but I would call him back. I did see on my statement I could call TD XXXX Card Services to figure out a mutually beneficial agreement because this has been very stressful. XXXX XXXX would not answer his phone and his voicemail is full. I tried calling another representative, XXXX, but it was just a bunch of transferring that led no whe prior to speaking with me on XX/XX/XXXX, even though I notified XXXX XXXX that I would call him back when I could and a better way to contact me was via email due to my work schedule ( emergency medicine ) not permitting me time to do so until today, XX/XX/XXXX. XXXX had called on XX/XX/XXXX. XXXX also was called by another customer service agent I spoke to on XX/XX/XXXX named XXXX, and she was unable to reach him as well. XXXX directed me to the TD XXXX Card Services line and assured me someone there would be able to help me. I was forwarded to another Customer Care Line, where the representative continued to say XXXX looked into it and he couldnt help me further, per my record. He also said that the only way to get late payments off credit reports is to dispute the late payment at each credit bureau, and that TD XXXX Card Services is unable to remove any late payment charges. Not unwilling - unable. This was something that XXXX XXXX had also said during our first conversation. Per the law, this is untrue and was deceptive in nature. This conversation was recorded by TD Bank, as well as myself. Additionally, despite myself telling TD XXXX Card Services that I had spoken to legal aid, they made no attempt to get any information for the legal aid and continued to communicate with me. Until the XX/XX/XXXX statement, my credit limit had been {$2200.00}. In the XX/XX/XXXX statement, it appears TD XXXX  Card Services lowered my credit limit to {$620.00}, which is lower than the initial financing amount, even without the incorrect late charges and returned check fees. Unfortunately, it appears I did have the money in my account, and per the XXXX, I see I am not the only one with this issue. Regardless, I did offer arbitration prior to suing and reporting. I thought it was fair for both sides, and saves us both a lot of time and money. However, all attempts to communicate and arbitrate have been avoided by XXXX XXXX, a representative of TD XXXX Card Services. 
-- -- -- Update from XX/XX/XXXX I now have received a letter from XXXX XXXX, a " Customer Experience Advocate '' who, like XXXX, resides in Florida, via the mail. I have attached it. However, what XXXX did was avoid my phone calls and didn't actually make true attempts to contact me. She also did not address what is in this complaint, and made false statements. I actually returned her call. On XX/XX/XXXX, XXXX called me from a blocked number, so all I saw was " Private Number ''. I received this phone call at XXXX XXXX  that day. I will attach proof of this as well via phone logs and the voicemail recordings. I was never notified that I would be called from a private number and I was also working at that time, and realistically, not many people would answer a call from a private number. I have been very transparent with my work schedule. I returned XXXX 's call at the number she provided ( XXXX ) on XX/XX/XXXX. I called twice, once at XXXX XXXX  and again at XXXX pm, as XXXX told me she works Monday through Friday, between XXXX XXXX  to XXXX XXXX. I let XXXX know that I was off for the rest of the day, but would be working tomorrow. The voicemail lasted for one minute and detailed my work schedule, including that I work during her working hours, but would try my hardest to return her call as soon as I could. I let her know that I worked the next day, but would try to return a call that day if she called. I noted that if I didn't return her call that day, I would try her again as soon as my work schedule allows, as she is not there on weekends. I let her know she is welcome to email me as well. XXXX called me back on Friday, XX/XX/XXXX at XXXX XXXX. She asked me to call back, acknowledged receipt of my voicemail and therefore all the information about my work schedule, and told me her schedule one again as Monday through Friday, XXXX XXXX  to XXXX XXXX. However, the letter I received today, also attached, was marked XX/XX/XXXX. It is suffice to say that no real attempt was made to contact me, as XXXX was fully informed of and acknowledged my schedule and my cooperation. 

Additionally, to continue what XXXX wrote in the letter - which was unhelpful and did not address the majority of what was written above, TD Bank does have documentation of my address change, as I have notified every representative of TD Bank I have spoken to since XX/XX/XXXX ( see screenshot of call log ), which, if TD Bank 's representatives ' claim is true that they were sending out statements to the wrong address. My address changed on XX/XX/XXXX ( see 60 day notice sent to leasing office that is attached ). I started my mail forwarding on XX/XX/XXXX, but continued to check my mailbox ( see document ). I also subscribe to the service USPS provides called XXXX XXXX, where you see all mail they deliver to you. Additionally, per TD Bank 's website, I should have received my card within 7-10 business days, so I should have received the card in XX/XX/XXXX. ( See screenshot of their FAQ, marked with today 's date and time. ) I also reported that I did not receive any documentation or my card to every representative of TD Bank I spoke to. I was never sent any documentation or a new card, despite TD Bank 's own FAQ saying my card should have been canceled and I should have been sent another card. 

XXXX also said many times how they couldn't find any documentation that I didn't receive information, my card and documents regarding the card, statements, etc. However, they have not provided any documentation that I did receive them. There are plenty of measures to document this, such as certified mail or read receipts. Who knows if they sent it, or if they did, who has all my account information. 

XXXX also claims that I didn't provide my full account history, my name, or account number in the screenshots I sent showing I had money in my account. Seeing as my full account history isn't relevant to those two months and an invasion of privacy by a company that has shown repeated incidences of why they can't be trusted, I will not be providing that. I will, however, provide the month 's history up until a few days after the payment was made, as it will show that had you put a hold on the funds or processed them, you would have received the money. I have also attached TD Bank 's own terms and conditions, which states how long a payment should really take. Each statement I have attached shows an additional two business days, my account information, my address, and my starting and ending balances for the month, as requested. I guess XXXX doesn't realize that I am not required to hand over personal information here - she is supposed to request the CFPB to retrieve it. Per the form I filled out for this, " If you don't want the company ( s ) to see any personal information on an attachment, please remove or hide it before uploading. '' and " Describe what happened, and well send your comments to the companies involved. 
Include dates, amounts, and actions that were taken by you or the company. 
Do not include personal information, such as your name, account number, address, Social Security number, etc. We may ask for some of this information later, to help the company identify you and your account. '' I have asked for proof, yet you all have neglected to provide that. When addressed with XXXX, XXXX lied and said he had spoken personally to my bank. Evidence of this not happening is in the screenshot of the discussion with XXXX XXXX, unless XXXX is admitting he and an XXXX XXXX  employee broke privacy law and they disclosed information to each other. This and XXXX 's other forms of dishonest practice were not addressed by XXXX in her letter. 

XXXX also has neglected to address the fact that TD Bank violated the Fair Debt Collection Practices Act, other than saying she updated my account to a " cease and desist '', which doesn't address prior violations. 

Additionally, I had spoken to a representative of TD Bank on XX/XX/XXXX and said I needed an extension to pay the exorbitant payment due XX/XX/XXXX, which had increased in size from TD Bank 's dishonest practices. I explained I get paid on XX/XX/XXXX and had been picking up more shifts, but I had had two surgeries in the past month ( XX/XX/XXXX, and was out of work for two weeks and XX/XX/XXXX ) and was having a hard time coming up with the full amount. I asked the representative ( and this has been documented as well ) if I what I could that day and paid the rest on XX/XX/XXXX when I got paid, would I be able to get an extension on my due date. The representative said he had a better plan for me - He would do the extension to XX/XX/XXXX, if I put my debit card on file and agreed to the full amount being auto drafted on that date. I agreed and put my card on file. On XX/XX/XXXX, my card had not been drafted. I did, however, have a late charge and a note that my account had been charged off on the XX/XX/XXXX. When I called TD Bank to discuss this on XX/XX/XXXX, when I noticed the payment hadn't drafted, I was bounced around from representative to representative, and was also told the payment was still pending. I was then given a number that I was told was a TD Bank division that would help me solve this, and that they would be open the next day at XXXX XXXX. The number was XXXX, which belongs to a collection agency called XXXX XXXX. I called the next day and they were not, in fact, open the next day, and that it was a collection agency that TD Bank sells their charge offs to. I spoke with a representative on XX/XX/XXXX and they confirmed they are a separate company from TD Bank. TD Bank, despite charging off my account on XX/XX/XXXX, still took my payment from my account on XX/XX/XXXX. I have provided proof of all these with supporting documents attached. Despite it clearly being pulled from my account on XX/XX/XXXX, TD Bank also has it documented as done on XX/XX/XXXX, which is falsifying documents. XXXX also falsified information in an official complaint when he said he said he spoke with my bank. 

Finally, it is clear that XXXX didn't actually read my complaint, as she said " You would like to pay what you borrowed, " plus an additional {$100.00} if we remove any negative reporting on your credit '' - which isn't what I said. I was reporting what went on. That offer is gone, and me writing that statement was in quotations, as it was what I initially offered in order to prevent them from dealing with what is proving to be an inevitable lawsuit. 

All this to say TD Bank has not addressed or proven anything in my complaint. They have refused to provide documentation of their claims, and only try to weakly refute mine. They also have violated the Fair Debt Collection Act, as well as refuse to accurately investigate when the issue is brought up.

Company response to consumer: Closed with explanation