Consumer complaint received 2018-01-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
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 I filed a claim with Bank of America disputing 2 transaction made on my account for {$300.00} each. This complaint was filed over the phone with a XXXX XXXX XXXX associate. My reasons for disputing these transactions were due to fraud. I had authorized the debits from my account by under false pretenses which I fully explained to the representative when I filed the claim. A few days after filing my claim I receive a letter from Bank of America stating the claim was denied because it was determined I authorized the transactions. After calling and speaking to a claims representative it was brought to my attention that the original representative I spoke to when I initially filed this claim failed to enter in all the relevant details around my reason ( s ) for disputing these transactions and due to the 250 character restriction when I completed the online ECH dispute form, I was not able to elaborate on these reason at that time either. So I wrote a letter to BofA explaining in detail the fraudulent circumstances around my dispute and asked them to escalate my claim for a second review. On XX/XX/XXXX I received 2 additional communications from the bank ( each communication referencing one of the {$300.00} transactions I was disputing ) stating that my claim had been re-evaluated against the additional information I provided and that the original decision had been reversed and my claim had now been approved. In this letter it stated that my account had already been permanently credited the {$600.00} however upon checking my account I noticed that only one of the {$300.00} credits had been applied to my account. I decided to give it a few days before I contacted the bank as I thought there may have just been a delay in the credit posting. On XX/XX/XXXX I received another letter from the bank stating that the merchant provided proof of my authorization of the debits from my account and as such the bank determined no error were made and would not be crediting my account after all. This letter went further and stated that my claim had now been closed without giving me the opportunity to respond. 

In response to this I wrote and faxed another letter to the bank explaining yet again that I never denied authorizing the transactions and that this was never the basis of my dispute. I further advise the bank that upon reviewing the proof provided by the merchant the signature on the document was not my signature and therefore was not signed by me. I went further to explain that even if I had signed the document ( which I didnt ) it did not change the basis of my original dispute of fraud as the merchant still was not who they claimed to be and did not do what they said they would do or provide the service they said they would provide. A few days after faxing this letter over I received a response from the bank still refusing to honor their decision and credit that last remaining {$300.00} only this time no explanation was given for the decision. 
I am filing this complaint because I do not think its right that the bank stated in writing that the two {$300.00} charges had already been permanently credited to my account when this was false and then decide not to honor this promise. The documentation in the messaging center of my account states that both transactions were permanently credited to my account on XX/XX/XXXX however to date, only one of the credits has actually posted to my account. Furthermore I dont think it is fair that the bank is refusing to acknowledge my statements of fraud and my dispute of the documentation provided by the fraudulent merchant. The original reasons for my dispute that led to the banks decision to reverse the charges and credit the {$600.00} back to my account are still factual and are not changed or invalidated by the documentation provided by the fraudulent merchant so I do not understand how this can be used to reverse the decision to credit the fees back to my account. I have attached copies of the 2 letters I wrote the BofA which also further explain my basis for disputing the transactions. Additional documentation relevant to the banks responses to these letters should be available in the claim with the bank and in the messaging center of my account. If needed I can try to access these and provide them as well.

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