In mid-October I came to you to discussed our issues with Discover Card and our client Cynthia Roberts. To refresh our conversation, the Roberts ordered a Greystone Auto Collect and paid for it via Discover Card. The purchase price was $1,850 including delivery costs. On August 8, 2012 the Auto Collect was delivered to the Roberts by Estes Express Lines. We are required to provide the carrier with a contact phone number so that they can contact the client prior to delivery to confirm a delivery schedule. The Confirmation supplied shows that Estes had an appointment to deliver on 08/06/12 at 8:50 am, and confirmed that they were able to complete the delivery as arranged at the scheduled time and date. This was further confirmed with a signed receipt confirming delivery and acceptance. So imagine our surprise when on August 25, 2012, nearly three weeks after delivery, our bank account was charged back (by Discover Card) the $1,850 amount of the purchase, the reason given was non-receipt of goods or services.
This notice contained instructions on what we must do to dispute this charge back. On September 18, 2012, after collecting proof from Estes that the product was in fact delivered and the signed delivery receipt was received by us, we sent out our rebuttal along with the supporting documentation proving delivery and acceptance. We were assigned a Case Number: 101450156. Again on 10/16/12 we were notified that the chargeback would stand and that we would need to respond by 11/07/12. Again on 10/22/12 we disputed this claim, again provided documentation proving delivery on 8/6/12. We are now more than 2 months past the delivery date and still no funds. The most difficult part is that we were never notified that these funds would be removed from our account until after the act. The results were that we have been charged with overdraft and bank fees of nearly $200, we have checks that have been returned and creditors wanting to know why we are sending out bad checks, now wanting to put us on a cash basis. Now, we are required to hire you to resolve this issue again incurring more costs let alone the time and research required by our employees to counter this charge, all of this after supplying irrefutable proof of delivery.
After patiently waiting and after attempts to contact the buyer to resolve this issue (with no response) we were informed by Discover that they would find in favor of the buyer, Roberts, and that if we did not like the results that we would need to sue the Roberts and Discover. That prompted me contacting you regarding this issue. As we discussed, I filed a complaint with the Attorney Generals office in Washington State. The AG has assigned a case number (419580) and referred the case to CFPB Consumer Financial Protection Bureau in Iowa City, Iowa . We have not heard anything from them since.
On October 30, 2012, after my calls to the client went unanswered, I sent and e-mail (attached) to them stating our case with an indication that if necessary we would move to litigation. The next day I received a call from Craig Roberts. Craig apologized and said that he really did not understand why all of this had happened, that he had contacted Discover Card to let them know that they had in fact received the product and that we should be paid. He stated that Discover said they would look into it and correct the situation. That was 10 days ago and we still do not have any communication from anyone regarding this situation, and certainly we do not have the $1,850. The only thing we have is a damaged reputation, excessive costs to deal with this situation, and now legal fees to pursue collection of our funds. Delivered on 8/6/12 and three months later we still do not have the funds for this purchase.
Please accept this as our authorization to pursue the collection of these funds, plus legal costs, plus our costs as a result of the Roberts and Discover Cards disregard for our rightful position. We estimate about 20 hours of time (so far) involved with this issue at $50 per hour $1,000 plus overdraft and bank fees of $185, plus your earlier consultation fee of $250 and now additional costs of collection, and any damages you see fit to pursue on our behalf. I additionally feel that the Resolution Department is deeply complicit in this debacle and every bit as responsible as Roberts and Discover Card in their complete disregard for the information we provided clearly proving delivery and acceptance.
Mr. Green, we no longer want to drop this issue by simply being paid the purchase price, we have been patient, followed the system, and have rewarded with delays, excuses, inaction, and excessive out of pocket expenses and reputation damages. We will pursue this until made whole again. Our reputation cannot be repaired!
Three months and no resolution!!!
Discover Card Dispute Resolution Department
7300 Chapman Highway
Knoxville, TN 37920-6612
Attorney General of Washington
Consumer Protection Division
103 East Holly Street Suite 308
Bellingham, WA 98225-4310
Attn: Ada N. Schmidt
CFPB Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, IA 52244