Consumer complaint received 2018-06-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Closing an account
Sub-issue: Funds not received from closed account

Complaint:
We were suspended of our ability to access our account and balances sometime during the second week of XX/XX/XXXX. We were advised to call directly to the following number ( XXXX ) XXXX, when we did we were told to wait for a letter explaining the reasons for the unilateral or discretionary closure of the account. 

The first letter arrived datedXX/XX/XXXX, saying After a careful review weve made the decision to close your account listed below it also said if your account has available balance well mail a cashiers check to you once the account is closed. A second letter dated XX/XX/XXXX, indicated the remaining balance wont be returned to you ( both letters attached ). 

We made a call to the number indicated above, onXX/XX/XXXX at XXXXauthorization code XXXX attended by an operator named XXXX XXXX She indicated that a decision was made to close the account due to incoming credits for USD XXXX, oo on XX/XX/XXXX from XXXX where considered fraud, that a report to XXXX was confirmed and that we could request a second review by providing a notarized letter from the client recognizing the payment. 

We made a second call immediately after, atXXXX the same day, authorization code XXXX attended by operator XXXX to request the email address or postal address where the clients notarized affidavit and other documents were to be sent. This operator said that she needed to send an email to the investigation department to know exactly the information that should be provided and the address to be sent, and that we should call back in 2 to 3 business days for their response. 

We called on Wednesday XXXX, at XXXX attended by an operator named XXXX XXXX This time we had no confirmation code because call was made from outside the country and could not receive messages to the mobile number registered for the account. XXXX said there will be no additional information, proceedings to recover funds would be considered attempts to obtain fraudulent funds, her tone was abusive and her answers very far from the terms a bank is in obligation to respond to a customers concern, disregarding our right to present arguments and proof that can demonstrate the erratic of their presumption or accusation of fraud this operator made to us. We were not given the opportunity to reply or request a second review of the case, nor the detailed information needed to proceed, the Bank was clearly refusing to return the positive balance of the account and made an unjustified report to XXXX to complicate the consequences imposed to us by their decision. 

The transfer indicated for USD XXXX corresponds to a partial payment due for the repair service being done for a recreational purpose boat registered under the name XXXX XXXX  serials XXXX. 

We communicated to our client. Because we are a small manufacturing company it is simple to know our customers, and called immediately to request a formal answer, in our telephone call we requested the notarized letter and any explanation due to the ongoing service that was ( and is ) being provided to his boat. By phone call made on the same date, Wednesday XX/XX/XXXX, we clearly expressed as follows : our company urgently requires that you attest that the transactions between you and OUR COMPANY are lawful and that the transfers received correspond to the amount owed on the occasion of the repair of the vessel of your property and that This clarification must be made before your financial institution, issuer of the funds, and the receiving bank BANK OF AMERICA, recipient of the funds, who has processed the transactions through their FRAUD department. 

We received a clarification letter from client on XX/XX/XXXX, datedXX/XX/XXXX, indicating confirmation of his bank of the submission of three wire transfers for USD XXXX made on XX/XX/XXXX, USD XXXX made on XX/XX/XXXX, and USD XXXX made on XX/XX/2018, and that transfers were made following written and signed instructions made by the client ( document attached ). Later, on Thursday the XX/XX/XXXX, since we did not receive the notarize letter and client assures funds were not returned to his account, we sent a letter addressing the legal actions our company may take  in United States and XXXX jurisdictions if we did not clarify the case and receive complete payment for the repairs being done. ( email attached ). 

Client promised to provide a notarized affidavit recognizing the transfer.We have received a digital copy of the notarized document and are currently waiting for the physical document to arrive by mail. 

First of all, considering the banks narrative ( conveniently refused to be given in writing ) regarding a client reporting a transfer as fraud, does not imply that our company made the presumable fraudulent transfer. We are only expecting to receive payment. In this case OUR COMPANY would be a victim of a client trying to elude the responsibility of the due payment. However, we do not believe this to be the case. We receive assurance of the client that no report of fraud was made regarding the transfer indicated by Bank of America for USD XXXX, oo ( received on XX/XX/XXXX ), or any other fractional payment made for the amount due. The client has been cooperative with our companys position in this case. 

We made as well preemptive calls to other clients from whom we have received recent payments, verifying the normality of our client-service commercial relations. Thus we believe it is our right to REQUEST DISCLOSURE OF THE PRESUMED FRAUD REPORT that Bank of America alleges to have received by any of our clients, and that has so gravely affected our financial reputation. 

After considering all the facts webelieve we are being unlawfully treated because : 1 ) Our company has been deprived from our right to a SECOND REVIEW of our case.

2 ) Our company has been deprived of critical information by bank officials who refused to provide critical information for the defense and clarification of the closing account procedure. Especially details have been denied to be provided in writing. 
3 ) Our company has been deprived from the legally DUE REFUND of our accounts positive balance. 
4 ) Our company has been REPORTED to XXXX unjustly, for there has not been any loss or harm caused to the Bank.

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