Date Received: 2023-01-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was behind on mortgage payments and i applied to the XXXX XXXX XXXX XXXX to get approval for funds to bring my mortgage account current. I was approved in XX/XX/2022 and the XXXX XXXX XXXX XXXX gave US Bank XXXX to apply to my mortgage payments to get my account current. The bank took the money and applied it to my mortgage arrears bringing me current HOWEVER i was ALSO approved for an ADDITIONAL XXXX payments of mortgage payments to help me stay current. US Bank has REFUSED to contact XXXX XXXX XXXX to request the funds and now i have falled behind ONCE AGAIN because of this banks laziness and unprofessional ways. I have called both US Bank Mortgage and XXXX XXXX XXXX and have gotten the run around. I am told by XXXX that the money is approved and available and all US Bank has to do is REQUEST the money to apply the payments the same way they did with the initial payment of XXXX. I need help to get this resolved. My account is now a month behind and i am sure the mortgage is making interest off this situation. Please help me get this resolved and get the bank to request the money an get it applied correctly to my account so my XXXX XXXX is not further impacted. Please help me!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77385
Submitted Via: Web
Date Sent: 2023-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: To : XXXX XXXX, XXXX and General Manager, Elan Credit Card CC : FDIC, CFPB XXXX Credit Card Account Ending in XXXX Issuer and Servicer : Elan Financial, subsidiary of XXXX Bank XXXX : XXXX and XXXX I have been attempting to resolve a billing issue unsuccessfully for XXXX and a half months. I have followed every direction given and been more than cooperative with both the merchant and Elan Financial. I find myself having to remind Elan Financial, servicer and issuer of the XXXX credit card, of their regulatory obligations under the Fair Credit Billing Act and being met with resistance because they are relying on XXXX agreements, not federal regulations. Allow me to provide a bit of context into what happened with the transaction and the subsequent reactions of the merchant and credit card company. On XX/XX/2022, I received a half-truckload of returned XXXX merchandise purchased through XXXX XXXX via an auction on their website. XXXX XXXX charged me separately for the shipping of the half-truckload therefore resulting in two disputed transactions. Once the pallets were unloaded into my garage, it became evident quickly that there was an issue the entire house began to smell of gasoline. After looking through the pallets, I realized that there was gasoline splattered and sprayed on all the merchandise. Digging through a bit more, I found open containers of gasoline. I knew that I had to get this out of my home as quickly as I could because I have a partner with health concerns as well as five animals with medical needs ; not to mention the flammability of open gasoline containers in a confined space. I attempted to contact multiple shipping companies to return the merchandise but knowing that the shipment would be covered in gasoline, I couldnt get anyone to accept it meaning that I was unable to return it to the merchant. Forced to decide next steps for the safety and health of my household members, I was able to find someone with an open bed truck to take the merchandise to the local junk yard. Having gotten rid of the entire half-truckload, I let the merchant know what had transpired. They refused to do anything about the fact they had just sent me dangerous, flammable materials without my knowledge or consent. They sent me multiple fine print disclosures and rules about when refunds would be given and returns granted, etc. but none of them covered the scenario in which they knowingly violated XXXX regulations by shipping open gas containers. They were unwilling to refund my money or do anything to rectify the situation. The next step was to contact the credit card company to let them know I wanted to dispute the transaction. After a brief conversation, I was given a provisional credit and sent some paperwork to fill out regarding the situation. I wrote out answers to what was asked and waited for Elan Financial ( on behalf of XXXX ), to make a decision. On XX/XX/2022, I was sent a letter that stated they were unable to move forward because they didnt have enough information. Elan Financial removed the provisional credit in the wake of this decision. The situation was a bit complicated, so I understood that response and called to give them more information on XX/XX/2022. The representative that I spoke with stated that she would take notes of what happened and send it back to the case manager for further review and a provisional credit. After this phone call, no additional credit was put on my card, and I was forced to make a payment on a balance that I was actively disputing. Having not received another credit and having made a payment, I called back on XX/XX/2022 to make sure that everything was okay on my account and that the steps were moving forward as required by the XXXX seeing as I had fulfilled my duty of the decline by providing the additional information requested. The representative that I spoke with told me that they were not going to reopen the dispute and that their decision to decline was valid because, XXXX rules state that if the merchandise was not returned to the merchant, a dispute can not be processed. After a forty-five-minute argument about the difference between allowing a payment processor the ability to chargeback a transaction versus acknowledging a billing dispute and following XXXX rules versus federal regulations, we ended the call with the understanding a manager would be reviewing the calls and case and calling me back. A manager did indeed return the phone call on XX/XX/2022, but once again gave the same answer as the previous representative that XXXX did not allow them to accept disputes when the merchandise had not been returned to the merchant. I once again attempted to explain that XXXX can not override federal regulations stating that an investigation must be done. XXXX states that a payment processor can not charge a merchant back for a transaction if the merchandise was not returned, but a chargeback and a billing dispute are not synonymous. The financial institution still has a regulatory requirement to investigate the issue and notify the customer of the outcome. In addition to the brush off phone calls, I never received another decline letter meaning the case was never actually reopened and reviewed. If it was reopened and reviewed, Elan Financial would have been required to provide me with an additional decline reason and another provisional credit. At this point, I have been forced to make payments on an invalid balance because Elan Financial is unwilling to even look at a dispute if they dont have chargeback rights under XXXX XXXX My rights and protections under the Fair Credit Billing Act have been violated and Elan Financial needs to be held accountable. I would appreciate a thorough review of my individual dispute cases in addition to a review of Elan Financials billing dispute policies and practices. With sincere concern, XXXX XXXX XXXX ( XXXX ) XXXX Below are the applicable regulatory rules that have been referenced to present this case ( 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing ) : 1666. Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor If a creditor, within sixty days after having transmitted to an obligor a statement of the obligor 's account in connection with an extension of consumer credit, receives at the address disclosed under section 1637 ( b ) ( 10 ) of this title a written notice ( other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 1637 ( a ) ( 7 ) of this title ) from the obligor in which the obligor ( 1 ) sets forth or otherwise enables the creditor to identify the name and account number ( if any ) of the obligor, ( 2 ) indicates the obligor 's belief that the statement contains a billing error and the amount of such billing error, and ( 3 ) sets forth the reasons for the obligor 's belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditor 's explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligor 's indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligor 's indebtedness. In the case of a billing error where the obligor alleges that the creditor 's billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination. After complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error. ( b ) Billing error For the purpose of this section, a " billing error '' consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement. ( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof. ( XXXX ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction. ( 4 ) The creditor 's failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, " action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) '' does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligor 's account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditor 's compliance with this section. Nothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligor 's failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligor 's account the amount indicated to be in error. ( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. 1666i. Assertion by cardholder against card issuer of claims and defenses arising out of credit card transaction ; prerequisites ; limitation on amount of claims or defenses ( a ) Claims and defenses assertible Subject to the limitation contained in subsection ( b ), a card issuer who has issued a credit card to a cardholder pursuant to an open end consumer credit plan shall be subject to all claims ( other than tort claims ) and defenses arising out of any transaction in which the credit card is used as a method of payment or extension of credit if ( 1 ) the obligor has made a good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the credit card ; ( 2 ) the amount of the initial transaction exceeds {$50.00} ; and ( 3 ) the place where the initial transaction occurred was in the same State as the mailing address previously provided by the cardholder or was within 100 miles from such address, except that the limitations set forth in clauses ( 2 ) and ( 3 ) with respect to an obligor 's right to assert claims and defenses against a card issuer shall not be applicable to any transaction in which the person honoring the credit card ( A ) is the same person as the card issuer, ( B ) is controlled by the card issuer, ( C ) is under direct or indirect common control with the card issuer, ( D ) is a franchised dealer in the card issuer 's products or services, or ( E ) has obtained the order for such transaction through a mail solicitation made by or participated in by the card issuer in which the cardholder is solicited to enter into such transaction by using the credit card issued by the card issuer.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 08060
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am victim of identity theft and someone used my personal information to obtain goods and services in my name without my consent. I did not benefit from any goods or services of these fraudulent accounts opened in my name. I am requesting for XXXX, under FCRA 605B, to block and remove these fraudulent account immediately or legal actions will be taken against your company. I have attached a copy of my police report filed with XXXX Police Department and FTC Report to this correspondence. I am requesting for the following accounts to be blocked and removed immediately due to identity theft : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30305
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Fees or interest
Subissue: Unexpected increase in interest rate
Consumer Complaint: This is a continuanance of case : XXXX which was unresolved They sent me a file boiler disclaimer. It did not address the {$600.00} owed me as mentioned on their voice robot! And they did not mention how they miss-handled purchases XXXX through XXXX of next month that should have been in pending. But they processed those purchases without using a full XXXX day pending! And this caused unnecessary compound interest against those less than 28 days purchases! I request a full CFPB audit of their process of policies, And Operating Procedures, And Fair Banking and credit card procedures! AS A BASE TO AUDIT : ( XXXX ) WHAT WOULD my STATEMENT FOR XXXX HAVE BEEN IF THE PURCHASES MADE ON THE XXXX AND XXXX HAD BEEN GIVEN XXXX DAYS IN PENDING? AND WITH THE XXXX PAYMENTS I MADE TRYING TO OBTAIN A XXXX BALANCE. BUT AS IT TURNED OUT, THE RESULTS APPEARED WITH MUCH CONFUSION? AND OF COURSE, HAVE THEM DO THEIR OWN CALCULACTION, AND YOU XXXX PERFORM YOUR OWN CALCULTIONS FOR FAIR COMPARISON! THEN SEE IF THIS IS FAIR! TODAY, I KNOW I NEED TO MAINTAIN A XXXX BALANCE WITH THIS COMPANY AND TO " NOT MAKE ANY PURCHASES DURING THE XXXX TO THE XXXX OF THE NEXT MONTH! AGAIN .... " XXXX BALANCE AND NO PURCHASES DURING THE XXXX THROUGN THE XXXX OF THE NEXT MONTH ''! UNTIL I CAN SWITCH TO AN HONEST COMPANY!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 43062
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I filed for lost mitigation with my mortgage company. They refuse to accept my self employment information. That was the last information that needed to be submitted for the company to consider my options. I gave them a copy of my tax return and they did not accept it. On my tax return my signature was not on the second page of the form. That was because my tax form was electronically submitted. In my tax return documents there was an electronic postmark certification of electronic filing. I was told that my tax return would not be accepted because my signature was not on the second page and the electronic postmark does not matter. I was also told that if I sign it and submit it that still would not matter. The company has a statement on their website that says a copy of my tax transcript can be submitted. I submitted it and they will not say why they will not accept the form. When asked they just tell me the information about the signature on my tax return. I have ringing in both of my ears that comes with pain and pressure. I do not have hearing loss but the ear exam that I submitted with my application shows the vibrations of the ringing. I was told since there is no hearing loss I can not be classified as having tinnitus so that I can get XXXX. I changed occupations and have been dealing with my issues but it became hard this last year because the pain would get so bad I could not get out of bed most days. I tried a natural remedy and it reduced the pain enough to get out of bed and work through it. I was asking for help for the last year and not long term assistance. I would like for the company to look at my application and see if there is anything that can be done based off the fact that I submitted all of the documents required.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AL
Zip: 357XX
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-08
Issue: Opening an account
Subissue: Didn't receive terms that were advertised
Consumer Complaint: I participated in the promotion of getting ~ {$500.00} as a bonus, if I open a US bank checking account and do Direct Deposit of certain amount. I did it but they never gave me the bonus.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 94063
Submitted Via: Web
Date Sent: 2023-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-08
Issue: Other features, terms, or problems
Subissue: Privacy issues
Consumer Complaint: Accused of using the card in a " suspicious manner '' which resulted in fraudulent charges being allowed by the bank. Requested data from the company to arrive at these claims and have received nothing in return.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: 28205
Submitted Via: Web
Date Sent: 2023-01-08
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I have 2 fraudulent inquiries on my credit report that I didnt authorize. These inquiries are fraudulent and need to be removed from my credit file immediately. The inquiries are from XXXX XXXX on XX/XX/XXXX and XXXX XXXX on XX/XX/XXXX. Someone tried to open an account in my name.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 60641
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Problems at the end of the loan or lease
Subissue: Unable to receive car title or other problem after the loan is paid off
Consumer Complaint: I paid off my lease in 2016. When I recently tried to transfer my vehicle the XXXX DMV office stated US Bank was still reflected as owner of the vehicle under the lease ( which was paid off XXXX XXXX years ago ). All i ever received from US Bank was a lien release in 2016 which was useless because they were still listed as owners of the Vehicle! I contacted US Bank customer service numerous times for a power of attorney so I could re-title the vehicle and sell it and each time was assured one would arrive within 7 days. It has been 2 months and still have not received the power of attorney or even a phone call or letter from US Bank. My buyer pulled out of the sale and now i have lost over XXXX XXXX dollars in expected proceeds from the sale. Not to mention 2 days pay because I needed to take off and go to DMV and was unable to complete the retitling process. ( XXXX DMV requires an appointment-usually weeks in advance so i needed to take off ahead of time with the expectation that i would have the POA ).
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 07675
Submitted Via: Web
Date Sent: 2023-01-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Problem with a purchase or transfer
Subissue: Card company isn't resolving a dispute about a purchase or transfer
Consumer Complaint: On XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I withdrew {$200.00} from my US BANK XXXX card. I took too long to retrieve the money and the money was sucked back into the ATM. I've filed a regulation E with both companies, keep calling both companies but keep getting told they are waiting for the other to call them. This should be a very easy fix. I called both companies on XX/XX/2022 to report this issue but still have not gotten my money back.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 15210
Submitted Via: Web
Date Sent: 2023-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A