Complaint Review: Hudbox.com - Managed By Heavy Hammer

The nature of this complaint is a credit/billing dispute, and it involves the unauthorized use of my debit card to pay for good & services.

I have spoken to the following Heavy Hammer/Hudbox.com representatives in attempts to resolve the issue before contacting the BBB of Greater Maryland.
Sara Smith, Katie Smith (???), Melissa Smith, and David Sabian.

Complaint Details

On July 13, I checked my bank account to see if a rent check had cleared. I noticed two unauthorized deductions from my account - it turned out both were subscriptions to online services that I did not sign up for. I followed up with one company Privacy Plus, and had a refund issued. The second company, HUDBOX.COM managed by Heavy Hammer - for whom I am filing this complaint did not respond appropriately. Events are as follows:

July 13, 2004 I spoke to Sarah Smith about an unauthorized charge to my debit card. She said I had subscribed to their online service. I told her I did not sign up for the service, and that someone illegally used my information to access the site. I informed her this was the first time I had ever noticed such charges on my checking account and that I wanted to be reimbursed for the $79.95 since I do not use that service. She provided me with logon information and a password to cancel the subscription - she said this was the first step in the refund process. She then told me to forward an email to "Billing@Hudbox.com I told her I was not comfortable sending an email to an unknown person at Billing@Hudbox - I asked for a contact name or a supervisor - she declined. She seemed amused by my predicament and spoke to me very condescendingly -which further annoyed me. I tried to be persistent in getting a contact name or a supervisor - she said they don't have supervisors or managers, and if I wanted to use her as a contact I could. SO - I decided to settle for her name and email address: Sarah Smith, Sarah@HeavyHammer.com. I emailed billing@hudbox.com, and cc'ed Sarah on the email.

July 23, 2004 I received no response from Hudbox, so I emailed them and informed them via email that I had not heard anything and would contact them shortly. The same day I called and spoke to a much friendlier person named Katie whose last name I did not request. Katie said the billing department was behind, but someone would contact me soon.

July 27, 2004 I receive an email from David Fabian, mail@hudbox.com saying my refund request had been forwarded to Hudbox billing, and I'd have a response in 10 business days.

July 30, 2004 David Fabian emailed me again saying my refund request was denied because I did not cancel my membership until 7-13-2004. The message further states that monthly subscription fee is non-refundable.

Aug 03, 2004 I contacted Heavy Hammer and spoke to Melissa Smith. I provided the details of my situation for her, and explained that I should be entitled to a refund since I did not sign up for the service. Melissa told me that if the billing department reviewed the account and decided I was not entitled to a refund, then I was not going to get a refund. I asked her if they had a record of who signed up for the account, and who had accessed it. She told me that I signed up for the account which is flat out not true. I explained that was impossible since I wasn't aware the account even existed until July 13, 2004 when I saw a bill for it. I don't even know how many times I've paid for this service, and am afraid to find out! Melissa continued to explain how the decision was final, and I asked her how their company normally handles these types of situations. She responded by saying they don't have these types of situations, and I informed her that on July 13, 2004 after speaking to Sara, I looked them up on the BBB website, I noticed the company had some previous issues. I asked again So you normally tell people that they cant be refunded their money even if the subscription was fraudulent? She became angry and said I was not getting a refund, I need to talk to my bank, and if they don't help me I should consider switching banks. I said "thank you for your advice but" and Melissa hung up the phone.

After being disconnected by Melissa, I called back and talked to David Fabian. It should be noted he didn't verbally volunteer his first name, I found it on an email. When I asked him what his first name was, he just said Fabian. I asked him what Melissa's last name was and he said Smith. I went on and explained the situation to David. He was unhelpful insisting I go back to my bank. I told him I would follow up with my bank, but that on July 13, I had been told by my bank to contact the companies directly to settle the disputes-which is what I was doing. Fabian began the lengthy process of explaining how they aren't equipped with the means to research refunds and things, and that those types of issues are handled by Visa even if it is a debit card. He said he could not help me. I asked him if he was aware that Melissa had just hung up on me, and are they in the practice of hanging up on people just because they didn't authorize their company to charge them $79.95- and he just went on explaining how they couldn't do anything about it.

End of Complaint

M
Seattle, Washington
U.S.A.

EDitor's Suggestions on how to get your money back!

HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:

Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.

According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.

If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.

Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!

DO NOT TAKE NO FOR AN ANSWER!

Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.

And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.

Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.

If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.

CHARGES TO YOUR CREDIT CARD

If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.

Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.

And good luck Let us know how you do!

ED Magedson Founder, Rip-off Report.com & Author of www.ripoffrevenge.com
EDitor@RipoffReport.com
badbusinessbureau.com
www.ripoffreport.com

Don't let them get away with it.
Make sure they make the Rip-off Report!

We are not lawyers.
We are not a collection agency.

We are Consumer Advocates.
...the victims' advocate

WE are Civil and Human Rights Activists

We are a Worldwide Consumer Reporting News Agency
...by consumers, for consumers

CLICK HERE to read about Credit Card Scams... find out how to get your money back. *Rip-off Report Investigation provides valuable information.