Consumer complaint received 2021-10-21
Company: AXOS FINANCIAL, INC.
State: MI
Product: Checking or savings account
Sub-product: Checking account
Issue: Closing an account
Sub-issue: Funds not received from closed account

Complaint:
This is the third complaint Im writing to the CFPB concerning this matter.

I opened an account with Axos bank in mid-XXXX and funded it with {$3800.00} on XX/XX/XXXX. After trying several times to carry out transactions with the account and been denied by Axos, they closed the account on XX/XX/XXXX. In an email they sent me that day, they said if my other financial institution couldnt recall the funds they would remit the funds directly to them no sooner than 60 days after XX/XX/XXXX, the day the funds cleared in the closed account. 
On XX/XX/XXXX, Axos sent me an email saying that if the funds were not recalled by my other financial institution by XX/XX/XXXX, they would mail a check to my address. This contradicts what they communicated to me in their email sent on XX/XX/XXXX. When I asked them by email on XX/XX/XXXX when I would get the check, they replied and said they would mail the check to me on XX/XX/XXXX via USPS first class. 
When I asked them via email on XX/XX/XXXX why I hadnt gotten the check yet, they replied and said that they actually mailed the check on XX/XX/XXXX and that I would receive it the following week. This contradicts what they communicated to me in their email sent on XX/XX/XXXX. 
On XX/XX/XXXX, they sent me another email in which they said that contrary to what they communicated to me via email on XX/XX/XXXX, they actually mailed the check directly to my other financial institution! So I was getting a series of conflicting information from the same bank. 
Sensing foul play, I demanded through email on XX/XX/XXXX that they provide me with the USPS tracking number for the check. I got no reply. 
On XX/XX/XXXX I asked them via email why I had not gotten any reply to my email on XX/XX/XXXX. Still, there was no reply. So I called their customer service number the next day and demanded evidence that the check had been mailed. I was told that the check was mailed on XX/XX/XXXX, that they had no way of tracking the check, that they had no evidence to provide me that they actually mailed the check as claimed and that the check should get to my other financial institution by XX/XX/XXXX. 
So I patiently waited until yesterday, XX/XX/XXXX and then contacted my other financial institution, XXXX XXXX XXXX XXXX ( XXXX  ). They told me that they hadnt received any check from Axos bank. When I called Axos and told them what XXXX had said, Axos told me that they would contact the USPS to ask about the check and then let me know via email what they discovered before the end of the business day. I got no email from them. 
Today, XX/XX/XXXX, I called Axos again and asked about the check. They said they were in the process of checking with the USPS to find out what happened to the check but that if the check couldnt be delivered by the USPS for whatever reason ; they would wait 30 days before mailing another check! 
Axos bank is very clearly a criminal enterprise and it seems to me that they have no intentions of giving me back my money. I checked their app reviews on App Store and nobody had anything pleasant to say about them. Their business practices are surely illegal and fraudulent. These people lie in official emails! How they keep getting away with all of these is baffling. Isnt the CFPB supposed to regulate financial institutions and punish those who are breaking the law? How many complaints do I have to write to the CFPB before they compel Axos bank to return my money?

Company response to consumer: Closed with explanation