Consumer complaint received 2019-12-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: ME
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On XX/XX/XXXX, between XXXX and XXXX XXXX, my brother, XXXX XXXX, and I attempted to withdraw {$460.00} for rent money from my account at BoA through the drive-through ATM. The wheels turned in the machine, it spat out my card and then went back to the Welcome screen. No money was dispensed. My brother, who was driving, ran into the bank to tell them what happened and they said that since I was the account holder, I would have to call. I immediately called the number they gave me - XXXX and reported the incident. I was told that a temporary credit would be issued of {$460.00} and that they would open a claim - # XXXX. I advised my landlord as to what had happened, since my rent would now be a day late. 

On XX/XX/XXXX, I withdrew {$460.00} and did receive the funds. I received a letter in the mail dated XX/XX/XXXX, stating that a temporary credit had been issued while a research was conducted on the claim. 

I then received a letter dated XX/XX/XXXX that stated my withdrawal on XX/XX/XXXX was dispensed properly through the ATM and that {$460.00} would be withdrawn from my account by XX/XX/XXXX. 

I went into the bank as soon as I received the letter and was assisted by a banking associate - I do not remember her name ; however, she called the ATM company and was told that there WAS a discrepancy and that {$460.00} had NOT been issued. She told me that everything would be documented and not to worry about it. 

I received another letter dated XX/XX/XXXX stating that my claim had been re-evaluated and that the funds were dispensed properly. I noticed an error in the letter - it states in paragraph 3 that In addition, we received your notification that there were two withdrawal transactions performed on XXXX, XXXX, XXXX ; however, we were unable to locate any additional transactions. I NEVER said this. Please refer to paragraph 1 of my statement.

I visited the bank again, and the associate, this time, must have misunderstood what I said and opened a new claim - XXXX. I never said that I wanted to open an new claim. I was trying to resolve the original claim. 

On my last visit to the bank, on XX/XX/XXXX, I was assisted by XXXX XXXX, who did her best to help me. She was told on the phone that the original claim of {$460.00} ( temp credit sticks as of XX/XX/XXXX ), and that XXXX # XXXX was opened in error and would be resolved. 

We thought that this was the end of the situation ; however, when I attempted to fill my car with gas on XX/XX/XXXX, I was told that my card was declined. I accessed my account online and saw that {$460.00} had been removed by the bank. 

I called XXXX immediately and she told me to call XXXX to reopen and escalate the claim. I did so and was told by XXXX at BoA that they were not able to reopen or escalate any claims. She told me to write a statement and have it faxed to the Claims Dept so that they could open a new claim. 

I called XXXX back to schedule an appointment for Friday, XX/XX/XXXX, as I do not have a FAX machine at home and am not able to get any gas to drive into XXXX. She advised me to write the statement and she would try to help me through email. 

This has been a nightmare since XXXX, XXXX. I have been a customer of BoA for 13 years and nothing like this has ever happened to me. 

Addendum At XXXX on XX/XX/XXXX, XXXX called to tell me that the claim could not be reopened and that I would have to file a claim in Small Claims Court and open a police report. She said that she believed me ; however, BoA had closed the claim and told her that we would have to subpoena video surveillance footage to prove that I hadnt received the money.

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