A local mold remediator did not finish the job I hired him to do. I had given him my Bank Of America VISA card for the $6900.00 payment.
I had testing done within 48 hours after the remediator said the job was complete. An inspection found visible mold, areas that had not been treated at all, and a swab test found four different kinds of active/growing mold in several places.
A month after that, no charge had been placed on my card. The remediator left me a message stating that Bank Of America needed me to call them about the card. This was an obvious lie, as they would have called me if that was the case.
But I took the liberty to call them anyway to let them know I did not approve the charge, and why. What I told them was that the mold remediator was not to be allowed to charge to that card due to his breach of our written contract, that he'd verbally refused to finish the job, and had ignored my written requests that he honor the contract.
I was advised by the approvals department that the charge would not go through.
One month later I received a statement from Bank Of America, only to find that two days after my call they had approved the charge.
I called the Bank Of America approvals department and was told something completely different. I was told that giving the mold remediator the card implied consent, and that I had no recourse to change my mind.
I was also told that the first person I'd spoken to in approvals hadn't said it wouldn't be approved, and that they couldn't do anything, which was a lie.
But she absolutely had told me the charge would be declined. (If she hadn't assured me of that, I would have closed the card right then).
I immediately opened a dispute. Throughout the process I responded by fax within 48 hours (and verbally confirmed receipt) to each letter they sent me asking for information and backup materials. Over a period of two months I sent Bank Of America over 40 pages worth of documentation to prove my side of the dispute.
The mold remediator sent only the voided contract/warranty, and insisted he'd done the job.
Meanwhile I continually called the Bank Of America disputes department to be sure things were moving along in my favor. I taped several telephone calls in which their dispute department representatives told me they had everything they needed and I didn't have to send them anything else.
I also requested (in writing) that if the status should change, they should call me immediately instead of sending letters.
After I hadn't heard anything for several weeks I called to check on the status. I was told that the dispute would be resolved within the week, and I would be notified via mail of the outcome. I again asked if they needed anything from me, and was told no.
Ten days later, on a Friday at 4:30pm, I recieved a letter (dated two days after my last call) stating that not one shred of the documentation I had previously sent Bank Of America was valid.
The letter stated I had seven days to get them a document from a second merchant that stated that the job was done incorrectly (and they already had that).
And the due date on that letter was the very same day I recieved it.
So I got right on the phone and called the Bank Of America disputes department only to be told they were closed for the weekend.
I kicked up a fuss, and demanded to speak to a manager. I spent over an hour on the phone and was told that she would do everything in her power to get me a few more days to continue the dispute. She also agreed that I should have been called rather than being sent that last letter.
I followed up Monday first thing and was told the person I'd spoken to on Friday didn't exist, and that the dispute had been closed out in favor of the mold remediator as I had not responded in time. They didn't care that I recieved the letter on its due date. It was done.
During one of my many calls that day I was also told that the reason they didn't want to give me an extension is because disputes that go to arbitration cost money, and Bank Of America didn't want to pay for it.
Since then I've complained to every department that exists at Bank Of America and been turned away.
I complained to VISA and was told that they wouldn't assist, because Bank Of America was handling it.
I've also continued to fight the mold remediator. I've complained to the Better Business Bureau, the Attorney General, and every other state/federal consumer assistance organization I could find. Each time, the mold remediator comes back with lies, says he did the job, and they tell me they can't do anything for me.
I've also hired a lawyer and gotten nowhere.
Meanwhile I have refused to pay Bank Of America, because if they had handled the dispute properly I wouldn't be in the mess I am in now, with several thousand dollars worth of damage to my basement, and nearly as much active/growing mold than I had there originally.
Bank Of America now calls every day, and sends threatening letters. I will probably have hits on my credit and end up in collections. I'm going to have to change banks so that they won't have the easy information/access to get to my accounts.
It's just ridiculous that they can get get away with having untrained CSRs dealing with $6900.00 disputes.
I have no idea where I should go now for help.
Marla Kendal
Poughkeepsie, New York
U.S.A.
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