Consumer complaint received 2019-07-22
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: UT
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
On XX/XX/2019 I attempted to purchase gasoline from my local gas station, where the transaction was declined due to insufficient funds. I promptly checked the ATM within the store, where I found that {$540.00} had been charged to my Checking Account with USAA federal bank ( The Bank ). Upon leaving the store I checked The Bank 's mobile banking app, where I again saw a charge of {$540.00}, however, now I could see what the charge was for, and saw " DDA DEBIT '', this was a different charge than I was used to, The Bank 's loan transactions have usually said " USAA LOAN PAYMENT '', This  charge caused me to go over {$170.00} into a negative account balance. 
I promptly called The Bank, where, I feel, The Bank 's employees attempted to send me on a wild goose chase to figure out what these funds were for, and why the monies were taken from me without express authorization, and in such a gross amount. 
I placed the first phone call at XXXX MST, that lasted 45 minutes where I hung up to try again, as The Bank 's employees were attempting to send me back and forth through Their internal departments, as it appeared to me, no one actually knew what was going on in my account. 
I placed a second call at XXXX MST, that lasted 1 hour and 45 minutes, where I, again, was transferred between internal departments, where I finally ended up speaking to a man by the name of XXXX. XXXX placed me on several long holds, where he eventually told me the Legal information that I was looking for would not be provided to me, and the decision was made to refund me, either, {$540.00} or {$400.00}, as I am under agreement to pay {$140.00}, the choice, XXXX informed me, was completely up to me, and I requested the entire {$540.00}. 

At some point in mid XXXX I was in default on a Secured Loan with The Bank, and It made the decision to reposes my motor vehicle. 
From, about, Mid XXXX I have been collecting unemployment insurance benefits from the State of  Utah, and such benefits will expire within a few weeks from the date of this complaint. 
This money is critical for me to find work, and live out my day to day life. 
All of the monies taken from me by The Bank where directly deposited into my account with The Bank from Utah 's funds with title " UI BEN EFT '' with a 10 digit number following. 
I authorized The Bank to automatically withdraw {$140.00} from my USAA checking account, if such amount was returned, I agreed to pay a XXXX dollar fee, as well as accepting a 5 % late fee, that would be added to the total loan amount. 
I was informed by XXXX that the amount of {$540.00} was a result of collection fees, which I agreed such amount would be added to the total loan amount, per the loan agreement. 
No where in my loan agreement can I find a provision that allows The Bank to remove any more than {$140.00} from my account, XXXX tried to assure me that The Bank did in fact have the right to remove monies from my account in excess of the agreed upon {$140.00}. 
When asked where XXXX found that in any agreement, he placed me on a 20 minute hold, notified me that I would not receive that information, but he would put in a refund for the monies taken. 

It is my personal belief, that The Bank lacked authority to remove monies in excess of {$140.00} from my checking account, That this was a levy issued by The Bank without Judicial authority, That the entirety of the monies in my account were exempt from such levy, and That The Bank did knowingly execute a scheme or artifice to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises, in violation of 18 USC 1344.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation