To Whom It May Concern at Bank of America:

I’m replying in regards to the attack note and the billing dispute of $1500.00 by PAYPAL BPOCANADAGL. As requested, below is the information needed to assist in the dispute resolution.

Please note Carlo Desierto and I are partners at Credit Report Atlas Services LLC. Carlo Desierto handles the IT, management, operation, and financial side of the company, while I am the silent partner/investor of the establishment.

Below are our rebuttals to the acquisitions of BPO Canada Global Services (Partner sites: Gujjuweb.com, Digg.com, Gloscon.com) in partnership with Sulay Infotech:

Roshan's Claim: BPO Canada priced the product development of $4700 but because of budget constraints Carlo wanted to have only Indian Team to work on it and we put a Fixed price contract of $1500.

Anna's Response: Carlo was given the original estimate of $4700. After we further reviewed and discussed this cost, we decided this estimated budget was too high from what we expected. At this point we declined the service from BPO Canada, in which, they returned with an offer of $1500 to build the software with the removal of unnecessary features to operate the software. We accepted this contract on August 9, 2006.

Roshan's Claim: As per the contract terms with Sulay Infotech the product was to be tested by Client within 7 days. Client did not have Support Contract yet Sulay Infotech continued to give Carlo enhancements / support outside the scope of the engagement.
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Anna's Response: On August 9, 2006, we signed contract with Sulay Infotech. The work for the project did not begin until August 27, 2006. The software was created on their servers on August 27, 2006. The software did correctly function as per our agreement, only when it was completed on their servers. The software was not transferred to Credit Report Atlas Services LLC until September 14, 2006, after payment was submitted to them. Once the software was attached and deployed to our servers, the system didn’t function as per the contract agreement. By phone, Carlo Desierto attempted numerous times to contact BPO Canada which is in partnership with Sulay Infotech, to resolve issues of the software but was given numerous excuses i.e. death in family, father was sick, and finally the person who created the software wasn’t employed with the company any longer. These phone calls and excuses continued for 2 ½ months.

Roshan's Claim: Carlo Desierto did contact BPO Canada for a partial refund of the expense of the software which was inoperable. Carlo requested $500 be returned for inoperable software. BPO Canada agreed to this and also to correct problems that would allow us to complete business as needed until other software could be reconstructed so the system could operate as planned. After this conversation, none of these commitments were met and no other contact was received by BPO Canada.

Anna's Response: On November 21, 2006, Carlo Desierto contacted another programmer, Sweet Thursday Web Development, to review and diagnose the software which was created by Sulay Infotech. After reviewing the software on our system, the programmer diagnosed 75% of the software was insufficient and inoperable. We then hired Sweet Thursday Web Development to remove Sulay Infotech software and codings from our servers and replace with operable software created by Sweet Thursday Web Development. We have included with this letter an attachment to show receipt for this project and have also verified permission for you to contact Sweet Thursday Web Development. They will verify the insufficient software and codings created by Sulay Infotech and that it was replaced by Sweet Thursday’s service and creation of a new software.

On November 27, 2006, we then contacted Bank of America to assist with this chargeback.

Roshan's Claim: Carlo started blackmailing saying that he had paid BPO Canada and not Sulay Infotech and he paid with Anna’s Credit Card which we can put a paypal claim any day. I brought this to notice of Sulay Infotech Legal Team in India and they denied any more assistance.

AND

BPO Canada agreed to make internal adjustments since Carlo didn’t want to wire transfer to India and we did a paypal request but Carlo and Anna already had malafide intentions from start.

Anna's Response: BPO Canada requested payment be sent by live wire transfer. Carlo and I did not feel comfortable to send such a large payment to an overseas account, in which we had no control of. We then agreed to use a U.S. based payment system, PayPal. We have used this system numerous times for business and personal payments and felt comfortable with their secured payment transfers. No business manager or entity would feel comfortable wiring money this day in age to any overseas account, with such resources like PayPal, that are available to us.

Roshan's Claim: It so happens that this claim by Anna was still made after this and Sulay Infotech team is considering a legal action against Anna and Carlo considering the fact that they has this intent to anyway get free services by doing such acts. Both Carlo and Anna have been notified in these lines of Sulay Infotech taking legal route.

Anna's Response: As reviewed, we did not receive any free service but actually ended up doubling our expense to correct the issues created by BPO Canada and Sulay Infotech. As consumers, we expect to pay for a product or service that meets contract and our expectations.

In closing, BPO Canada in partnership with Sulay Infotech, requested a proof of return. We are unable to do this because it’s not a tangible product. What we paid for was a service to build software. Carlo Desierto and I have provided all the documentations and disclosures regarding the rebuttal submitted by BPO Canada. Please ensure that no chargeback reversal occurs and notify Merchant Services (“Merchant”) our current contact information, so we can provide the documentations they need to support our dispute.

Thank you for the immediate chargeback and your time in this matter.

Sincerely,

Anna Bevier