Consumer complaint received 2017-03-29
Company: TCF FINANCIAL CORPORATION
State: MI
Product: Bank account or service
Sub-product: Checking account
Issue: Using a debit or ATM card

Complaint:
We purchased a vehicle from XXXX on XX/XX/XXXX On XX/XX/XXXX I used my Chemical Bank debit card to pay a {$100.00} hold on the vehicle. They were supposed to collect the remainder of the {$1000.00} downpayment when they delivered the vehicle. 30 minutes after they left, we realized that they did not collect the downpayment. However, I thought I had signed a paper stating that there was nothing due. The next day, the dealership called and asked if the {$900.00} had been collected and my wife said no. He said this needed to be taken care of immediately. She explained the money needed to be redeposited to make the payment and she would call him the next day. He said he would call her but when she had n't heard from him by XXXX, she called him. He said he would call her back in 15-20 minutes. He never called. We received one call from the dealership in the next week asking them to call us back. In the meantime, we had received copies of the paperwork we had signed but became concerned when I saw that I had signed something that said nothing due, as well as questions about the numbers on the bill of sale. XX/XX/XXXX, the salesman ( XXXX XXXX ) called my wife 4 times but she was unable to answer because she was dealing with our sick child. Because of how crazily he was calling my wife, I sent him an email with a letter attached I planned on sending certified mail saying further contact needed to be done via postal mail and that if it was regarding the {$900.00}, we would pay it once we received the financing paperwork and could rectify the numbers. XXXX emailed back and said there was paperwork that was not signed and this needed to be taken care of ASAP. I said my wife would call the next day. On XX/XX/XXXX, I checked my bank account and saw that an unauthorized charge of {$710.00} and some change from XXXX. I immediately placed a stop payment on the charge. When she called, after making arrangements for the signing of the paperwork, he asked when XXXX would get the remainder of the down payment. She asked him, " What are you talking about? You drained our bank account without our permission. '' He replied, " Yeah, you still owe {$180.00}. I was able to dig up your credit card number from when you made the payment to hold the vehicle. I was only able to get the {$710.00} to go through. '' At this point, my wife said we would mail the payment within the next two weeks but after further discussion, we decided to wait until we saw the financing paperwork as we had told them previously. We filed a dispute with Chemical Bank on XX/XX/XXXX. We were told we would get a provisional credit and that it sounded open and shut that we had not authorized the transaction. In addition, we asked why the transaction was allowed to be approved since we know that there were multiple declines on that card from that vendor which is a sign of a fraudulent transaction. We were told, " I do n't know, I do n't have a crystal ball any more than you do. '' On XX/XX/XXXX, we were asked more questions and told that it was not looking likely we would get our funds back. We heard nothing further until XX/XX/XXXX when we were asked to provide more documentation about what we had concerns with. We sent copies of what we had but we are still waiting on the financing paperwork. I have provided the bank with proof that I had not authorized the dealership to take the payment but they are playing XXXX with who should have the funds. This is not their concern. I did not authorize the transaction, period. In addition, the bank has been allowing transactions to go through the account even though it is deeply in arrears and is now accruing overdraft charges because we never received the preliminary funds we were promised for the investigation. Chemical Bank 's behavior is completely irresponsible.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation