Consumer complaint received 2022-01-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
My husband and I received a check for {$60000.00} from my parents in XX/XX/2021. 

On XXXX XX/XX/XXXX, we deposited the check at a Bank of America branch ( XXXX XXXX XXXX, XXXX XXXX, CA XXXX ). 

On Fri XX/XX/XXXX, the money was withdrawn from my parents account at XXXX XXXX XXXX XXXX ( XXXX  ). 

On Mon XX/XX/XXXX, we received a notification that our savings account was depleted by overdraft protection. I called BofA and was told that the money was being returned to my parents bank ( BofA was unable to provide an explanation ). BofA told me the money would be back in my parents account within 3 days. 

On XXXX XX/XX/XXXX, the money was not in my parents account or our account. We called BofA and they told us that XXXX should have the money because XXXX never transferred the money to BofA due to " Duplicate Presentment. '' On Fri XX/XX/XXXX, we received a letter in the mail from BofA providing written notice that the check was returned due to Duplicate Presentment. Later that day, my parents went into their XXXX branch. The manager called their back office and confirmed that they sent the money on Fri XX/XX/XXXX. They said the check fully processed, and they hadn't heard any issues from BofA. Simultaneously, I went back into the BofA branch in XXXX XXXX. BofA 's back office said that XXXX never sent the money due to " Duplicate Presentment '' with no further explanation. They assured me that the funds werent missing and would be in my parents account within two weeks of the date of deposit. The XXXX manager offered to get on the phone with BoA while we were in BofA and while my parents were at XXXX. However, BofA refused to speak with XXXX. 

On XXXX XX/XX/XXXX, 2 weeks from the date of deposit, the money was still missing. So, we sent an email to the President of XXXX Retail Bank, XXXX XXXX, describing the issue. 

On Fri XX/XX/XXXX, I went into the BofA branch for assistance. They called the back office and determined that this was a BofA error ; they told me that BofA had scanned the check twice in error, and then removed the funds from our account in error. We received an issue number and were told the money would be available in our account within 24-48 hours. 

On XXXX XX/XX/XXXX, we still hadnt received the money. We called BoA, and they said that they never received the money from XXXX and they could not offer further assistance. I then went back to the XXXX XXXX branch and they called XXXX back office. Again, I also had the manager at XXXX back office on the phone. XXXX requested to speak with BofA, but BofA again refused to speak with them. We sent another email to XXXX XXXX describing the updates ( she didnt respond previously ). We then received an email from XXXX XXXX at BofA asking to call her ( phone : XXXX ). We called her, but she didnt answer. 

On Wed XX/XX/XXXX, we called XXXX again and she didnt answer. She returned our call later that day. XXXX told us she would assign someone to our case and she expected to have resolution by XX/XX/XXXX. We also received a formal letter from XXXX XXXX at XXXX Client Resolution Center to share with BofA. The letter again stated that funds were withdrawn from my parents account on XX/XX/XXXX. This letter included the trace and sequence numbers. We emailed XXXX that evening with this letter and requested a call on XX/XX/XXXX. 

On XXXX XX/XX/XXXX, we never received a call or email back from XXXX ; we tried calling her three times. We still have not recovered these funds and have not received any updates as to their whereabouts.

We can provide the following documents : 1 ) The receipt of deposit from the XXXX XXXX BofA branch when I deposited the check on XX/XX/XXXX. 
2 ) The letter I received from BofA that the check was returned unpaid due to Duplicate Presentment ( includes images of the check ).

3 ) The letter my parents received from XXXX verifying the funds were withdrawn from my parents account on XX/XX/XXXX ( includes images of the check ).

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 monetary relief